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7 LONG TITLE
8 Committee Note:
9 The Government Operations Interim Committee recommended this bill.
10 Legislative Vote: 12 voting for 0 voting against 2 absent
11 General Description:
12 This bill consolidates provisions concerning initiative and referendum petitions and
13 amends provisions related to other petitions.
14 Highlighted Provisions:
15 This bill:
16 ▸ defines terms;
17 ▸ merges into a single new section certain provisions related to the process for
18 statewide and local initiative and referendum petitions;
19 ▸ adds provisions about the process for verifying the signature of a registered voter
20 who signs a petition in several sections related to different types of petitions;
21 ▸ adds provisions about the process for a registered voter who signs a petition to
22 remove the voter's signature from a petition for several types of petitions; and
23 ▸ makes technical and conforming changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:
30 10-2-601, as last amended by Laws of Utah 1993, Chapter 227
31 10-2-701, as enacted by Laws of Utah 1981, Chapter 55
32 10-2a-208, as last amended by Laws of Utah 2019, Chapter 165
33 10-2a-209, as last amended by Laws of Utah 2019, Chapter 165
34 17-2-102, as enacted by Laws of Utah 2009, Chapter 350
35 17-2-103, as renumbered and amended by Laws of Utah 2009, Chapter 350
36 17-2-202, as enacted by Laws of Utah 2009, Chapter 350
37 17-2-203, as renumbered and amended by Laws of Utah 2009, Chapter 350
38 17-3-1, as last amended by Laws of Utah 2011, Chapter 297
39 17-11-2, as last amended by Laws of Utah 2011, Chapter 297
40 17-52a-303, as last amended by Laws of Utah 2020, Chapter 47
41 17-52a-505, as renumbered and amended by Laws of Utah 2018, Chapter 68
42 17B-1-205, as last amended by Laws of Utah 2011, Chapter 68
43 17B-1-209, as last amended by Laws of Utah 2011, Chapter 68
44 17B-1-506, as last amended by Laws of Utah 2011, Chapter 297
45 17B-1-507, as renumbered and amended by Laws of Utah 2007, Chapter 329
46 17B-1-1301, as renumbered and amended by Laws of Utah 2007, Chapter 329
47 17B-1-1305, as renumbered and amended by Laws of Utah 2007, Chapter 329
48 17D-2-502, as enacted by Laws of Utah 2008, Chapter 360
49 20A-7-101, as last amended by Laws of Utah 2022, Chapters 288, 325
50 20A-7-206.1, as enacted by Laws of Utah 2021, Chapter 140
51 20A-7-207, as last amended by Laws of Utah 2022, Chapter 325
52 20A-7-208, as last amended by Laws of Utah 2019, Chapter 275
53 20A-7-213, as last amended by Laws of Utah 2022, Chapter 325
54 20A-7-216, as enacted by Laws of Utah 2022, Chapter 325
55 20A-7-307, as last amended by Laws of Utah 2022, Chapters 274, 325
56 20A-7-314, as enacted by Laws of Utah 2022, Chapter 325
57 20A-7-401.5, as last amended by Laws of Utah 2021, Chapters 84, 140 and 345
58 20A-7-507, as last amended by Laws of Utah 2022, Chapter 325
59 20A-7-515, as enacted by Laws of Utah 2022, Chapter 325
60 20A-7-607, as last amended by Laws of Utah 2022, Chapters 274, 325
61 20A-7-613, as last amended by Laws of Utah 2022, Chapter 325
62 20A-7-615, as enacted by Laws of Utah 2022, Chapter 325
63 20A-8-103, as last amended by Laws of Utah 2019, Chapter 255
64 20A-9-203, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
65 20A-9-403, as last amended by Laws of Utah 2022, Chapter 325
66 20A-9-404, as last amended by Laws of Utah 2019, Chapters 142, 255 and last
67 amended by Coordination Clause, Laws of Utah 2019, Chapter 142
68 20A-9-408, as last amended by Laws of Utah 2022, Chapters 13, 325
69 20A-9-502, as last amended by Laws of Utah 2022, Chapter 13
70 20A-11-802, as last amended by Laws of Utah 2019, Chapter 116
71 20A-15-103, as last amended by Laws of Utah 2019, Chapter 255
72 20A-21-201, as enacted by Laws of Utah 2022, Chapter 325
73 53G-3-301, as last amended by Laws of Utah 2019, Chapter 293
74 53G-3-401, as last amended by Laws of Utah 2019, Chapter 293
75 53G-3-501, as last amended by Laws of Utah 2019, Chapter 293
76 73-10d-4, as last amended by Laws of Utah 2005, Chapter 105
77 ENACTS:
78 20A-7-105, Utah Code Annotated 1953
79 REPEALS:
80 20A-7-205, as last amended by Laws of Utah 2022, Chapter 325
81 20A-7-206, as last amended by Laws of Utah 2022, Chapter 325
82 20A-7-206.3, as last amended by Laws of Utah 2022, Chapter 325
83 20A-7-305, as last amended by Laws of Utah 2022, Chapter 325
84 20A-7-306, as last amended by Laws of Utah 2022, Chapter 325
85 20A-7-306.3, as last amended by Laws of Utah 2022, Chapter 325
86 20A-7-505, as last amended by Laws of Utah 2022, Chapter 325
87 20A-7-506, as last amended by Laws of Utah 2022, Chapter 325
88 20A-7-506.3, as last amended by Laws of Utah 2022, Chapter 325
89 20A-7-605, as last amended by Laws of Utah 2022, Chapter 325
90 20A-7-606, as last amended by Laws of Utah 2022, Chapter 325
91 20A-7-606.3, as last amended by Laws of Utah 2022, Chapter 325
92
93 Be it enacted by the Legislature of the state of Utah:
94 Section 1. Section 10-2-601 is amended to read:
95 10-2-601. Consolidation of two or more municipalities -- Certification of petition
96 signatures -- Removal of signature.
97 (1) The process for consolidating municipalities shall begin by filing with the county
98 legislative bodies of the respective counties in which the municipalities are located:
99 [
100 their intention and desire to form a consolidated municipality; or
101 [
102 municipalities to be included with the boundaries of the consolidated municipality.
103 (2) (a) Within three business days after the day on which a county legislative body
104 receives a petition under Subsection (1)(b), the county legislative body shall provide the
105 petition to the county clerk.
106 (b) Within 14 days after the day on which a county clerk receives a petition from the
107 county legislative body under Subsection (2)(a), the county clerk shall:
108 (i) use the procedures described in Section 20A-7-105 to determine whether the
109 petition satisfies the requirements of Subsection (1)(b);
110 (ii) certify on the petition whether each name is that of a registered voter in one of the
111 municipalities to be included with the boundaries of the consolidated municipality; and
112 (iii) deliver the certified petition to the county legislative body.
113 (3) (a) A voter who signs a petition under this section may have the voter's signature
114 removed from the petition by, no later than three business days after the day on which the
115 county legislative body provides the petition to the county clerk, submitting to the county clerk
116 a statement requesting that the voter's signature be removed.
117 (b) A statement described in Subsection (3)(a) shall comply with the requirements
118 described in Subsection 20A-7-105(9)(e).
119 (c) A voter may not submit a statement described in Subsection (3)(a) by email or other
120 electronic means.
121 (d) The county clerk shall use the procedures described in Section 20A-7-105 to
122 determine whether to remove an individual's signature from a petition after receiving a timely,
123 valid statement requesting removal of the signature.
124 Section 2. Section 10-2-701 is amended to read:
125 10-2-701. Petition for disincorporation -- Validity -- Certification of petition
126 signatures -- Removal of signature -- District court order for election.
127 (1) Disincorporation of a municipality shall be initiated upon petition.
128 (2) The petition shall bear signatures equal in number to 25% of all votes cast from the
129 municipality at the last congressional election.
130 (3) No signature is valid, for purposes of this section, unless it is that of a registered
131 voter who is a resident of the municipality proposed for disincorporation.
132 (4) The petition containing the specified number of signatures shall be filed with the
133 county clerk for validation by that officer.
134 (5) Within 21 days after the day on which the county clerk receives a petition, the
135 county clerk shall:
136 (a) use the procedures described in Section 20A-7-105 to determine whether the
137 petition satisfies the requirements of Subsection (2); and
138 (b) certify on the petition whether each name is that of a registered voter from the
139 municipality.
140 (6) (a) A voter who signs a petition under this section may have the voter's signature
141 removed from the petition by, no later than three business days after the day on which the
142 petition is filed with the county clerk, submitting to the county clerk a statement requesting that
143 the voter's signature be removed.
144 (b) A statement described in Subsection (6)(a) shall comply with the requirements
145 described in Subsection 20A-7-105(9)(e).
146 (c) A voter may not submit a statement described in Subsection (6)(a) by email or other
147 electronic means.
148 (d) The county clerk shall use the procedures described in Section 20A-7-105 to
149 determine whether to remove an individual's signature from a petition after receiving a timely,
150 valid statement requesting removal of the signature.
151 (7) If the county clerk finds the petition valid, the clerk shall file the original with the
152 district court and furnish a copy to the governing body of the municipality.
153 (8) The district court, upon determining that the petition comports with Section
154 10-2-701.5 and that it does not offend Section 10-2-710 and is otherwise complete, shall order
155 that the question of dissolution be placed before the voters of the municipality.
156 Section 3. Section 10-2a-208 is amended to read:
157 10-2a-208. Incorporation petition -- Requirements and form -- Removal of
158 signature.
159 (1) At any time within one year after the day on which the lieutenant governor
160 completes the public hearings described in Section 10-2a-207, individuals within the proposed
161 municipality may proceed with the incorporation process by circulating and submitting to the
162 lieutenant governor an incorporation petition that, to be certified under Subsection
163 10-2a-209(1)(b)(i), is required to be signed by:
164 (a) 10% of all registered voters within the area proposed to be incorporated as a
165 municipality, as of the date the petition is filed;
166 (b) if the petition proposes the incorporation of a city, and subject to Subsection [
167 (5), 10% of all registered voters within 90% of the voting precincts within the area proposed to
168 be incorporated as a city, as of the date the petition is filed; and
169 (c) the owners of private real property that:
170 (i) is located within the proposed municipality;
171 (ii) covers at least 10% of the total private land area within the proposed municipality;
172 and
173 (iii) is equal in value to at least 7% of the value of all private real property within the
174 proposed municipality.
175 (2) The petition sponsors shall ensure that the petition:
176 (a) includes the typed or printed name and current residence address of each voter that
177 signs the petition;
178 (b) describes the area proposed to be incorporated as a municipality, as described in the
179 feasibility study request or modified request that complies with Subsection 10-2a-205(6)(a);
180 (c) states the proposed name for the proposed municipality;
181 (d) designates five signers of the petition as petition sponsors, one of whom is
182 designated as the contact sponsor, with the mailing address and telephone number of each;
183 (e) if the sponsors propose the incorporation of a city, states that the signers of the
184 petition appoint the sponsors, if the incorporation measure passes, to represent the signers in:
185 (i) selecting the number of commission or council members the new city will have; and
186 (ii) drawing district boundaries for the election of council members, if the voters
187 decide to elect council members by district;
188 (f) is accompanied by and circulated with an accurate plat or map, prepared by a
189 licensed surveyor, showing the boundaries of the proposed municipality; and
190 (g) substantially complies with and is circulated in the following form:
191 PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
192 municipality)
193 To the Honorable Lieutenant Governor:
194 We, the undersigned registered voters within the area described in this petition,
195 respectfully petition the lieutenant governor to direct the county legislative body to submit to
196 the registered voters residing within the area described in this petition, at the next regular
197 general election, the question of whether the area should incorporate as a municipality. Each of
198 the undersigned affirms that each has personally signed this petition and is a registered voter
199 who resides within the described area, and that the current residence address of each is
200 correctly written after the signer's name. The area proposed to be incorporated as a
201 municipality is described as follows: (insert an accurate description of the area proposed to be
202 incorporated).
203 (3) A valid signature on a request described in Section 10-2a-202 or a modified request
204 described in Section 10-2a-206 may not be used toward fulfilling the signature requirement
205 described in Subsection (1):
206 (a) if the request notified the signer in conspicuous language that the signature, unless
207 withdrawn, would also be used for a petition for incorporation under this section; and
208 (b) unless the signer files with the lieutenant governor a written withdrawal of the
209 signature before the petition is filed under this section with the lieutenant governor.
210 (4) (a) A voter who signs an incorporation petition may have the voter's signature
211 removed from the petition by, no later than three business days after the day on which the
212 petition is submitted to the lieutenant governor, submitting to the lieutenant governor a
213 statement requesting that the voter's signature be removed.
214 (b) A statement described in Subsection (4)(a) shall comply with the requirements
215 described in Subsection 20A-7-105(9)(e).
216 (c) A voter may not submit a statement described in Subsection (4)(a) by email or other
217 electronic means.
218 (d) The lieutenant governor shall use the procedures described in Section 20A-7-105 to
219 determine whether to remove an individual's signature from a petition after receiving a timely,
220 valid statement requesting removal of the signature.
221 [
222 gathered from a voting precinct that:
223 (i) except in a proposed municipality that will be a city of the fifth class, is not located
224 entirely within the boundaries of a proposed city; or
225 (ii) includes less than 50 registered voters.
226 (b) A voting precinct that is not located entirely within the boundaries of the proposed
227 city does not qualify as a voting precinct under Subsection (1)(b).
228 Section 4. Section 10-2a-209 is amended to read:
229 10-2a-209. Processing of petition by lieutenant governor -- Certification or
230 rejection -- Petition modification.
231 (1) Within 45 days after the day on which an incorporation petition is filed under
232 Section 10-2a-208, the lieutenant governor shall:
233 (a) (i) use the procedures described in Section 20A-7-105 to determine whether a
234 signer is a registered voter; and
235 (ii) with the assistance of other county officers of the county in which the incorporation
236 is proposed, and from whom the lieutenant governor requests assistance, determine whether the
237 petition complies with Section 10-2a-208; and
238 (b) (i) if the lieutenant governor determines that the petition complies with Section
239 10-2a-208, certify the petition and notify in writing the contact sponsor of the certification; or
240 (ii) if the lieutenant governor determines that the petition fails to comply with Section
241 10-2a-208, reject the petition and notify the contact sponsor in writing of the rejection and the
242 reasons for the rejection.
243 (2) (a) If the lieutenant governor rejects a petition under Subsection (1)(b)(ii), the
244 petition sponsors may correct the deficiencies for which the petition was rejected and refile the
245 petition with the lieutenant governor.
246 (b) Notwithstanding the deadline described in Subsection 10-2a-208(1), the petition
247 sponsors may file a modified petition under Subsection (2)(a) no later than 30 days after the
248 day on which the lieutenant governor notifies the contact sponsor of rejection under Subsection
249 (1)(b)(ii).
250 (c) A valid signature on an incorporation petition described in Section 10-2a-208 may
251 be used toward fulfilling the signature requirement described in Subsection 10-2a-208(1) for a
252 petition that is modified under Subsection (2)(a).
253 (3) (a) Within 20 days after the day on which the lieutenant governor receives a
254 modified petition under Subsection (2)(a), the lieutenant governor shall review the modified
255 petition in accordance with Subsection (1).
256 (b) The sponsors of an incorporation petition may not modify the petition more than
257 once.
258 Section 5. Section 17-2-102 is amended to read:
259 17-2-102. Definitions.
260 As used in this part:
261 (1) "Consolidating county" means the county to which another county is joined or is
262 proposed to be joined by consolidation under this part.
263 (2) "Legal voter" means an individual who is registered to vote in Utah.
264 [
265 to another county by consolidation under this part.
266 Section 6. Section 17-2-103 is amended to read:
267 17-2-103. Consolidation of counties -- Petition -- Certification of petition
268 signatures -- Removal of signature -- Election -- Ballot.
269 (1) If a majority of the legal voters of any county desire to have the county joined to
270 and consolidated with an adjoining county, they may petition the county legislative body of the
271 county in which they reside and the county legislative body of the adjoining county.
272 (2) Each petition under Subsection (1) shall be presented before the first Monday in
273 June of any year.
274 (3) (a) Within three business days after the day on which a county legislative body
275 receives a petition under Subsection (1), the county legislative body shall provide the petition
276 to the county clerk.
277 (b) Within 14 days after the day on which a county clerk receives a petition from the
278 county legislative body under Subsection (3)(a), the county clerk shall:
279 (i) use the procedures described in Section 20A-7-105 to determine whether the
280 petition satisfies the requirements of Subsection (1);
281 (ii) certify on the petition whether each name is that of a registered voter in the county;
282 and
283 (iii) deliver the certified petition to the county legislative body.
284 (4) (a) A voter who signs a petition under this section may have the voter's signature
285 removed from the petition by, no later than three business days after the day on which the
286 county legislative body provides the petition to the county clerk, submitting to the county clerk
287 a statement requesting that the voter's signature be removed.
288 (b) A statement described in Subsection (4)(a) shall comply with the requirements
289 described in Subsection 20A-7-105(9)(e).
290 (c) A voter may not submit a statement described in Subsection (4)(a) by email or other
291 electronic means.
292 (d) The county clerk shall use the procedures described in Section 20A-7-105 to
293 determine whether to remove an individual's signature from a petition after receiving a timely,
294 valid statement requesting removal of the signature.
295 [
296 regular general election is held, the county legislative body of the originating county and the
297 county legislative body of the consolidating county shall cause the proposition to be submitted
298 to the legal voters of their respective counties at the next regular general election.
299 (b) If a petition under Subsection (1) is presented during a year in which there is no
300 regular general election, the county legislative body of the originating county and the county
301 legislative body of the consolidating county shall:
302 (i) call a special election to be held on the first Tuesday after the first Monday in
303 November following the presentation of the petition; and
304 (ii) cause the proposition to be submitted to the legal voters of the respective counties
305 on that day.
306 (c) Except as otherwise provided in this part, an election under this Subsection [
307 shall be held, the results canvassed, and returns made under the provisions of the general
308 election laws of the state.
309 (d) The ballot to be used at an election under this Subsection [
310 For combining ____ county with ____ county.
311 Against combining ____ county with ____ county.
312 Section 7. Section 17-2-202 is amended to read:
313 17-2-202. Definitions.
314 As used in this part:
315 (1) "Annexing county" means the county to which a portion of an adjoining county is
316 annexed or proposed to be annexed as provided in this part.
317 (2) "Initiating county" means the county, from which a portion is annexed or proposed
318 to be annexed to an adjoining county.
319 (3) "Legal voter" means an individual who is registered to vote in Utah.
320 Section 8. Section 17-2-203 is amended to read:
321 17-2-203. Annexation of portion of county to adjoining county -- Petition --
322 Certification of petition signatures -- Removal of signature -- Election -- Ballot.
323 (1) (a) Except as provided in Section 17-2-209, if a majority of the legal voters of any
324 portion of any county, in number equal to a majority of the votes cast at the preceding general
325 election within that portion of the county, desire to have the territory within which they reside
326 included within the boundaries of an adjoining county, they may petition the county legislative
327 body of the county in which they reside and the county legislative body of the adjoining county.
328 (b) Each petition under Subsection (1)(a) shall be presented before the first Monday in
329 June of a year during which a general election is held.
330 (c) If a petition is presented under Subsection (1)(a), at the ensuing regular general
331 election:
332 (i) the legislative body of the initiating county shall cause the proposition to be
333 submitted to the legal voters residing in the initiating county; and
334 (ii) the legislative body of the annexing county shall cause the proposition to be
335 submitted to the legal voters of the annexing county.
336 (2) (a) Within three business days after the day on which a county legislative body
337 receives a petition under Subsection (1), the county legislative body shall provide the petition
338 to the county clerk.
339 (b) Within 14 days after the day on which a county clerk receives a petition from the
340 county legislative body under Subsection (2)(a), the county clerk shall:
341 (i) use the procedures described in Section 20A-7-105 to determine whether the
342 petition satisfies the requirements of Subsection (1);
343 (ii) certify on the petition whether each name is that of a registered voter in the county;
344 and
345 (iii) deliver the certified petition to the county legislative body.
346 (3) (a) A voter who signs a petition under this section may have the voter's signature
347 removed from the petition by, no later than three business days after the day on which the
348 county legislative body provides the petition to the county clerk, submitting to the county clerk
349 a statement requesting that the voter's signature be removed.
350 (b) A statement described in Subsection (3)(a) shall comply with the requirements
351 described in Subsection 20A-7-105(9)(e).
352 (c) A voter may not submit a statement described in Subsection (3)(a) by email or other
353 electronic means.
354 (d) The county clerk shall use the procedures described in Section 20A-7-105 to
355 determine whether to remove an individual's signature from a petition after receiving a timely,
356 valid statement requesting removal of the signature.
357 [
358 be held, the results canvassed, and returns made under the provisions of the general election
359 laws of the state.
360 (b) The ballot to be used shall be:
361 For annexing a portion of ____ county to ____ county.
362 Against annexing a portion of ____ county to ____ county.
363 Section 9. Section 17-3-1 is amended to read:
364 17-3-1. Creating a new county -- Petition -- Certification of petition signatures --
365 Removal of signature -- Election -- Ballots.
366 (1) Whenever any number of the [
367 any county desire to have the territory within which they reside created into a new county they
368 may file a petition for the creation of a new county with the county legislative body of the
369 county in which they reside.
370 (2) The petition shall be signed by at least one-fourth of the [
371 registered voters as shown by the registration list of the last preceding general election, residing
372 in that portion of the county to be created into a new county, and by not less than one-fourth of
373 the [
374 (3) The petition shall be presented on or before the first Monday in May of any year,
375 and shall propose the name and define the boundaries of the new county.
376 (4) (a) Within three business days after the day on which a county legislative body
377 receives a petition under Subsection (1), the county legislative body shall provide the petition
378 to the county clerk.
379 (b) Within 14 days after the day on which a county clerk receives a petition from the
380 county legislative body under Subsection (4)(a), the county clerk shall:
381 (i) use the procedures described in Section 20A-7-105 to determine whether the
382 petition satisfies the requirements of Subsection (2);
383 (ii) certify on the petition whether each name is that of a registered voter in the county;
384 and
385 (iii) deliver the certified petition to the county legislative body.
386 (5) (a) A voter who signs a petition under this section may have the voter's signature
387 removed from the petition by, no later than three business days after the day on which the
388 county legislative body provides the petition to the county clerk, submitting to the county clerk
389 a statement requesting that the voter's signature be removed.
390 (b) A statement described in Subsection (5)(a) shall comply with the requirements
391 described in Subsection 20A-7-105(9)(e).
392 (c) A voter may not submit a statement described in Subsection (5)(a) by email or other
393 electronic means.
394 (d) The county clerk shall use the procedures described in Section 20A-7-105 to
395 determine whether to remove an individual's signature from a petition after receiving a timely,
396 valid statement requesting removal of the signature.
397 (6) The county legislative body shall cause the proposition to be submitted to the legal
398 voters residing in the county at a special election to be held according to the dates established
399 in Section 20A-1-204, first causing 30 days' notice of the election to be given in the manner
400 provided by law for giving notice of general elections.
401 (7) The election shall be held, the result canvassed, and returns made under the
402 provisions of the general election laws.
403 (8) The form of ballot to be used at such election shall be:
404 For the creation of (supplying the name proposed) county.
405 Against the creation of (supplying the name proposed) county.
406 Section 10. Section 17-11-2 is amended to read:
407 17-11-2. Initiating petitions -- Certification of petition signatures -- Removal of
408 signature -- Limitation.
409 (1) Whenever there is presented to the county legislative body of any county a petition
410 signed by [
411 the votes cast at the preceding general election, praying for the submission of the question of
412 the removal of the county seat, it shall be the duty of the county legislative body to submit the
413 question of the removal at the next general election to the [
414 of the county[
415 (2) (a) Within three business days after the day on which a county legislative body
416 receives a petition under Subsection (1), the county legislative body shall provide the petition
417 to the county clerk.
418 (b) Within 14 days after the day on which a county clerk receives a petition from the
419 county legislative body under Subsection (2)(a), the county clerk shall:
420 (i) use the procedures described in Section 20A-7-105 to determine whether the
421 petition satisfies the requirements of Subsection (1);
422 (ii) certify on the petition whether each name is that of a registered voter in the county;
423 and
424 (iii) deliver the certified petition to the county legislative body.
425 (3) (a) A voter who signs a petition under this section may have the voter's signature
426 removed from the petition by, no later than three business days after the day on which the
427 county legislative body provides the petition to the county clerk, submitting to the county clerk
428 a statement requesting that the voter's signature be removed.
429 (b) A statement described in Subsection (3)(a) shall comply with the requirements
430 described in Subsection 20A-7-105(9)(e).
431 (c) A voter may not submit a statement described in Subsection (3)(a) by email or other
432 electronic means.
433 (d) The county clerk shall use the procedures described in Section 20A-7-105 to
434 determine whether to remove an individual's signature from a petition after receiving a timely,
435 valid statement requesting removal of the signature.
436 (4) The election shall be conducted and the returns canvassed in all respects as
437 provided by law for the conducting of general elections and canvassing the returns.
438 (5) A proposition of removal of the county seat may not be submitted in the same
439 county more than once in four years, or within four years after the day on which a proposition
440 of removal of the county seat is submitted.
441 Section 11. Section 17-52a-303 is amended to read:
442 17-52a-303. Registered voter initiation of adoption of optional plan --
443 Certification of petition signatures -- Removal of signature -- Procedure.
444 (1) (a) Registered voters of a county may initiate the process of adopting an optional
445 plan by filing with the county clerk a notice of intent to gather signatures for a petition:
446 (i) for the establishment of a study committee described in Section 17-52a-403; or
447 (ii) to adopt an optional plan that:
448 (A) accompanies the petition during the signature gathering process and accompanies
449 the petition in the submission to the county clerk under Subsection (2)(b); and
450 (B) complies with the requirements described in Sections 17-52a-404 and 17-52a-405.
451 (b) A notice of intent described in Subsection (1)(a) shall:
452 (i) designate five sponsors for the petition;
453 (ii) designate a contact sponsor to serve as the primary contact for the petition
454 sponsors;
455 (iii) list the mailing address and telephone number of each of the sponsors; and
456 (iv) be signed by each of the petition sponsors.
457 (c) Registered voters of a county may not file a notice of intent to gather signatures in
458 bad faith.
459 (2) (a) The sponsors of a petition may circulate the petition after filing a notice of
460 intent to gather signatures under Subsection (1).
461 (b) (i) Except as provided in Subsection (2)(b)(ii), the petition is valid if the petition
462 contains the number of legal signatures required under Subsection 20A-7-501(2).
463 (ii) For a county of the fifth or sixth class, the petition is valid if the petition contains at
464 least the number of legal signatures equal to 30% of the number of active voters, as defined in
465 Section 20A-7-501, in the county.
466 (iii) The county clerk may not count a signature that was collected for the petition
467 before the petition sponsors filed a notice of intent under Subsection (1)(a).
468 (iv) Notwithstanding any other provision of law, an individual may not sign a petition
469 circulated under this section by electronic signature as defined in Section 20A-1-202.
470 (c) Except as provided in Subsection (4)(b)(ii), the sponsors of the petition shall submit
471 the completed petition and any amended or supplemental petition described in Subsection (4)
472 with the county clerk not more than 180 days after the day on which the sponsors file the notice
473 described in Subsection (1).
474 (d) (i) Within 30 days after the day on which the sponsors submit a petition, the
475 sponsors shall submit financial disclosures to the county clerk that include:
476 (A) a list of each contribution received by the sponsors and the name of the donor; and
477 (B) a list of each expenditure for purposes of furthering or sponsoring the petition and
478 the recipient of each expenditure.
479 (ii) The county clerk shall publish the financial disclosures described in Subsection
480 (2)(d)(i).
481 (iii) All sponsors of a petition shall date and sign each list described in Subsection
482 (2)(d)(i).
483 (3) Within 30 days after the day on which the sponsors submit a petition under
484 Subsection (2)(c) or an amended or supplemental petition under Subsection (4), the county
485 clerk shall:
486 (a) (i) use the procedures described in Section 20A-7-105 to determine whether a
487 signer is a registered voter; and
488 (ii) determine whether the petition or amended or supplemental petition has been
489 signed by the required number of registered voters;
490 (b) (i) if the petition was signed by a sufficient number of registered voters:
491 (A) certify the petition;
492 (B) deliver the petition to the county legislative body and county executive; and
493 (C) notify the contact sponsor in writing of the certification; or
494 (ii) if the petition was not signed by a sufficient number of registered voters:
495 (A) reject the petition; and
496 (B) notify the county legislative body and the contact sponsor in writing of the
497 rejection and the reasons for the rejection; and
498 (c) for a petition described in Subsection (1)(a)(ii), no later than 10 days after the day
499 on which the county clerk certifies the petition under Subsection (3)(b)(i), the county clerk
500 shall send a copy of the optional plan that accompanied the petition to the county attorney for
501 review in accordance with Section 17-52a-406.
502 (4) The sponsors of a petition circulated under this section may submit supplemental
503 signatures for the petition:
504 (a) if the county clerk rejects the petition under Subsection (3)(b)(ii); and
505 (b) before the earlier of:
506 (i) the deadline described in Subsection (2)(c); or
507 (ii) 20 days after the day on which the county clerk rejects the petition under
508 Subsection (3)(b)(ii).
509 (5) With the unanimous approval of petition sponsors, a petition filed under this
510 section may be withdrawn at any time within 90 days after the day on which the county clerk
511 certifies the petition under Subsection (3)(b)(i) and no later than 45 days before an election
512 under Section 17-52a-501 if the petition included a notification to petition signers, in
513 conspicuous language and in a conspicuous location, that the petition sponsors are authorized
514 to withdraw the petition.
515 (6) (a) A voter who signs a petition under this section may have the voter's signature
516 removed from the petition by, no later than three business days after the day on which the
517 sponsors submit the petition to the county clerk, submitting to the county clerk a statement
518 requesting that the voter's signature be removed.
519 (b) A statement described in Subsection (6)(a) shall comply with the requirements
520 described in Subsection 20A-7-105(9)(e).
521 (c) A voter may not submit a statement described in Subsection (6)(a) by email or other
522 electronic means.
523 (d) The county clerk shall use the procedures described in Section 20A-7-105 to
524 determine whether to remove an individual's signature from a petition after receiving a timely,
525 valid statement requesting removal of the signature.
526 Section 12. Section 17-52a-505 is amended to read:
527 17-52a-505. Repeal of optional plan -- Certification of petition signatures --
528 Removal of signature.
529 (1) An optional plan that the voters in an election adopt under this chapter may be
530 repealed as provided in this section.
531 (2) Registered voters of a county that has adopted an optional plan may initiate the
532 process of repealing an optional plan by filing a petition for the repeal of the optional plan.
533 (3) (a) Registered voters of a county may not file a petition to repeal an optional plan
534 sooner than four years or more than five years after the election of county officers under
535 Section 17-52a-503.
536 (b) (i) If the registered voters file a petition to repeal an optional plan under this
537 section, the petition is certified, and the optional plan is not repealed at an election described in
538 Subsection [
539 least four, and not more than five, years after the certification of the original petition.
540 (ii) If, after four years, the voters file a subsequent petition under Subsection (3)(b)(i),
541 the voters:
542 (A) may not circulate or file another petition to repeal until at least four, and not more
543 than five, years after certification of the subsequent petition; and
544 (B) shall wait an additional four, and not more than five, years after the date of
545 certification of the previous petition for each petition filed thereafter.
546 (4) A petition described in Subsection (2) shall:
547 (a) be signed by registered voters residing in the county:
548 (i) equal in number to at least 15% of the total number of votes cast in each precinct
549 described in Subsection (4)(a)(ii) for all candidates for president of the United States at the
550 most recent election in which a president of the United States was elected; and
551 (ii) who represent at least 85% of the voting precincts located within the county;
552 (b) designate up to five of the petition signers as sponsors, designating one petition
553 signer as the contact sponsor, with the mailing address and telephone number of each; and
554 (c) be filed in the office of the clerk of the county in which the petition signers reside.
555 (5) Within 30 days after the filing of a petition under Subsection (2) or an amended
556 petition under Subsection (6), the county clerk shall:
557 (a) (i) use the procedures described in Section 20A-7-105 to determine whether a
558 signer is a registered voter; and
559 (ii) determine whether the required number of voters have signed the petition or
560 amended petition has been signed by the required number of registered voters; and
561 (b) (i) if a sufficient number of voters have signed the petition, certify the petition or
562 amended petition and deliver it to the county legislative body, and notify in writing the contact
563 sponsor of the certification; or
564 (ii) if a sufficient number of voters have not signed the petition, reject the petition or
565 the amended petition and notify the county legislative body and the contact sponsor in writing
566 of the rejection and the reasons for the rejection.
567 (6) If a county clerk rejects a petition or an amended petition under Subsection
568 (5)(b)(ii), the petition may be amended or an amended petition may be further amended with
569 additional signatures and refiled within 20 days of the date of rejection.
570 (7) (a) A voter who signs a petition under this section may have the voter's signature
571 removed from the petition by, no later than three business days after the day on which the
572 sponsors file the petition in the office of the county clerk, submitting to the county clerk a
573 statement requesting that the voter's signature be removed.
574 (b) A statement described in Subsection (7)(a) shall comply with the requirements
575 described in Subsection 20A-7-105(9)(e).
576 (c) A voter may not submit a statement described in Subsection (7)(a) by email or other
577 electronic means.
578 (d) The county clerk shall use the procedures described in Section 20A-7-105 to
579 determine whether to remove an individual's signature from a petition after receiving a timely,
580 valid statement requesting removal of the signature.
581 [
582 legislative body shall hold an election on the proposal to repeal the optional plan at the next
583 regular general election that is at least 60 days after the day on which the county clerk certifies
584 the petition.
585 [
586 the proposal to repeal the optional plan vote in favor of repealing:
587 (a) the optional plan is repealed, effective January 1 of the year following the election
588 of county officers under Subsection [
589 (b) upon the effective date of the repeal under Subsection [
590 government under which the county operates reverts to the form it had before the optional plan
591 was adopted; and
592 (c) the county officers under the form of government to which the county reverts, who
593 are different than the county officers under the repealed optional plan, shall be elected at the
594 next regular general election following the election under Subsection [
595 Section 13. Section 17B-1-205 is amended to read:
596 17B-1-205. Petition and request requirements -- Withdrawal of signature.
597 (1) Each petition and request shall:
598 (a) indicate the typed or printed name and current residence address of each property
599 owner, groundwater right owner, or registered voter signing the petition;
600 (b) (i) if it is a property owner request or petition, indicate the address of the property
601 as to which the owner is signing the request or petition; or
602 (ii) if it is a groundwater right owner request or petition, indicate the location of the
603 diversion of the groundwater as to which the owner is signing the groundwater right owner
604 request or petition;
605 (c) describe the entire area of the proposed local district;
606 (d) be accompanied by a map showing the boundaries of the entire proposed local
607 district;
608 (e) specify the service proposed to be provided by the proposed local district;
609 (f) if the petition or request proposes the creation of a specialized local district, specify
610 the type of specialized local district proposed to be created;
611 (g) for a proposed basic local district:
612 (i) state whether the members of the board of trustees will be elected or appointed or
613 whether some members will be elected and some appointed, as provided in Section
614 17B-1-1402;
615 (ii) if one or more members will be elected, state the basis upon which each elected
616 member will be elected; and
617 (iii) if applicable, explain how the election or appointment of board members will
618 transition from one method to another based on stated milestones or events, as provided in
619 Section 17B-1-1402;
620 (h) for a proposed improvement district whose remaining area members or county
621 members, as those terms are defined in Section 17B-2a-404, are to be elected, state that those
622 members will be elected; and
623 (i) for a proposed service area that is entirely within the unincorporated area of a single
624 county, state whether the initial board of trustees will be:
625 (i) the county legislative body;
626 (ii) appointed as provided in Section 17B-1-304; or
627 (iii) elected as provided in Section 17B-1-306;
628 (j) designate up to five signers of the petition or request as sponsors, one of whom shall
629 be designated as the contact sponsor, with the mailing address and telephone number of each;
630 (k) if the petition or request is a groundwater right owner petition or request proposing
631 the creation of a local district to acquire a groundwater right under Section 17B-1-202, explain
632 the anticipated method:
633 (i) of paying for the groundwater right acquisition; and
634 (ii) of addressing blowing dust created by the reduced use of water; and
635 (l) if the petition or request is a groundwater right owner petition or request proposing
636 the creation of a local district to assess a groundwater right under Section 17B-1-202, explain
637 the anticipated method:
638 (i) of assessing the groundwater right and securing payment of the assessment; and
639 (ii) of addressing blowing dust created by the reduced use of water.
640 (2) A signer of a request or petition may withdraw or, once withdrawn, reinstate the
641 signer's signature at any time before the filing of the request or petition by filing a written
642 withdrawal or reinstatement with:
643 (a) in the case of a request:
644 (i) the clerk of the county or the clerk or recorder of the municipality in whose
645 applicable area the signer's property is located, if the request is a property owner request;
646 (ii) the clerk of the county or the clerk or recorder of the municipality in whose
647 applicable area the signer's groundwater diversion point is located, if the request is a
648 groundwater right owner request; or
649 (iii) the clerk of the county or the clerk or recorder of the municipality in whose
650 applicable area the signer resides, if the request is a registered voter request; or
651 (b) in the case of a petition, the responsible clerk.
652 (3) (a) A clerk of the county who receives a timely, valid written withdrawal or
653 reinstatement from a signer of a registered voter request or registered voter petition shall use
654 the procedures described in Section 20A-7-105 to determine whether to remove or reinstate the
655 individual's signature.
656 (b) If a municipal clerk or recorder receives a timely, valid written withdrawal or
657 reinstatement from a signer of a registered voter request or registered voter petition, the clerk of
658 the municipality's county shall assist the municipal clerk or recorder with determining whether
659 to remove or reinstate the individual's signature using the procedures described in Section
660 20A-7-105.
661 Section 14. Section 17B-1-209 is amended to read:
662 17B-1-209. Petition certification -- Amended petition.
663 (1) No later than five days after the day on which a petition is filed, the responsible
664 clerk shall mail a copy of the petition to the clerk of each other county and the clerk or recorder
665 of each municipality in which any part of the proposed local district is located.
666 (2) (a) No later than 35 days after the day on which a petition is filed, the clerk of each
667 county whose unincorporated area includes and the clerk or recorder of each municipality
668 whose boundaries include part of the proposed local district shall:
669 (i) with the assistance of other county or municipal officers from whom the county
670 clerk or municipal clerk or recorder requests assistance, determine, for the clerk or recorder's
671 respective county or municipality, whether the petition complies with the requirements of
672 Subsection 17B-1-203(1)(a), (b), or (c), as the case may be, and Subsections 17B-1-208(2), (3),
673 and (4); and
674 (ii) notify the responsible clerk in writing of the clerk or recorder's determination under
675 Subsection (2)(a)(i).
676 (b) The responsible clerk may rely on the determinations of other county clerks or
677 municipal clerks or recorders under Subsection (2)(a) in making the responsible clerk's
678 determinations and certification or rejection under Subsection (3).
679 (3) (a) Within 45 days after the filing of a petition, the responsible clerk shall:
680 (i) determine whether the petition complies with Subsection 17B-1-203(1)(a), (b), or
681 (c), as the case may be, Subsection 17B-1-205(1), and Section 17B-1-208; and
682 (ii) (A) if the responsible clerk determines that the petition complies with the
683 applicable requirements:
684 (I) (Aa) certify the petition and deliver the certified petition to the responsible body;
685 and
686 (Bb) mail or deliver written notification of the certification to the contact sponsor; or
687 (II) for each petition described in Subsection (3)(b)(i), deliver a copy of the petition to
688 the legislative body of each county whose unincorporated area includes and each municipality
689 whose boundaries include any of the proposed basic local district, with a notice indicating that
690 the clerk has determined that the petition complies with applicable requirements; or
691 (B) if the responsible clerk determines that the petition fails to comply with any of the
692 applicable requirements, reject the petition and notify the contact sponsor in writing of the
693 rejection and the reasons for the rejection.
694 (b) (i) A petition for which an election is not required under Subsection 17B-1-214(3)
695 and that proposes the creation of a basic local district that has within its boundaries fewer than
696 one residential dwelling unit per 10 acres of land may not be certified without the approval, by
697 resolution, of the legislative body of each county whose unincorporated area includes and each
698 municipality whose boundaries include any of the proposed local district.
699 (ii) Before adopting a resolution giving its approval under Subsection (3)(b)(i), a
700 county or municipal legislative body may hold one or more public hearings on the petition.
701 (iii) If a petition described in Subsection (3)(b)(i) is approved as provided in that
702 subsection, the responsible clerk shall, within 10 days after its approval:
703 (A) certify the petition and deliver the certified petition to the responsible body; and
704 (B) mail or deliver written notification of the certification to the contact sponsor.
705 (4) Except for a petition described in Subsection (3)(b)(i), if the responsible clerk fails
706 to certify or reject a petition within 45 days after its filing, the petition shall be considered to be
707 certified.
708 (5) The responsible clerk shall certify or reject petitions in the order in which they are
709 filed.
710 (6) (a) If the responsible clerk rejects a petition under Subsection (3)(a)(ii)(B), the
711 petition may be amended to correct the deficiencies for which it was rejected and then refiled.
712 (b) A valid signature on a petition that was rejected under Subsection (3)(a)(ii)(B) may
713 be used toward fulfilling the applicable signature requirement of the petition as amended under
714 Subsection (6)(a).
715 (c) If a petition is amended and refiled under Subsection (6)(a) after having been
716 rejected by the responsible clerk under Subsection (3)(a)(ii)(B), the amended petition shall be
717 considered as newly filed, and its processing priority shall be determined by the date on which
718 it is refiled.
719 (7) The responsible clerk and each county clerk and municipal clerk or recorder shall:
720 (a) act in good faith in making the determinations under this section[
721 (b) with the assistance of the county clerk if necessary, and as applicable, use the
722 procedures described in Section 20A-7-105 to determine whether a signer is a registered voter.
723 Section 15. Section 17B-1-506 is amended to read:
724 17B-1-506. Withdrawal petition requirements -- Removal of signature.
725 (1) Each petition under Section 17B-1-504 shall:
726 (a) indicate the typed or printed name and current address of each owner of acre-feet of
727 water, property owner, registered voter, or authorized representative of the governing body
728 signing the petition;
729 (b) separately group signatures by municipality and, in the case of unincorporated
730 areas, by county;
731 (c) if it is a petition signed by the owners of land, the assessment of which is based on
732 acre-feet of water, indicate the address of the property and the property tax identification parcel
733 number of the property as to which the owner is signing the request;
734 (d) designate up to three signers of the petition as sponsors, or in the case of a petition
735 filed under Subsection 17B-1-504(1)(a)(iv), designate a governmental representative as a
736 sponsor, and in each case, designate one sponsor as the contact sponsor with the mailing
737 address and telephone number of each;
738 (e) state the reasons for withdrawal; and
739 (f) when the petition is filed with the local district board of trustees, be accompanied by
740 a map generally depicting the boundaries of the area proposed to be withdrawn and a legal
741 description of the area proposed to be withdrawn.
742 (2) (a) The local district may prepare an itemized list of expenses, other than attorney
743 expenses, that will necessarily be incurred by the local district in the withdrawal proceeding.
744 The itemized list of expenses may be submitted to the contact sponsor. If the list of expenses is
745 submitted to the contact sponsor within 21 days after receipt of the petition, the contact sponsor
746 on behalf of the petitioners shall be required to pay the expenses to the local district within 90
747 days of receipt. Until funds to cover the expenses are delivered to the local district, the district
748 will have no obligation to proceed with the withdrawal and the time limits on the district stated
749 in this part will be tolled. If the expenses are not paid within the 90 days, or within 90 days
750 from the conclusion of any arbitration under Subsection (2)(b), the petition requesting the
751 withdrawal shall be considered to have been withdrawn.
752 (b) If there is no agreement between the board of trustees of the local district and the
753 contact sponsor on the amount of expenses that will necessarily be incurred by the local district
754 in the withdrawal proceeding, either the board of trustees or the contact sponsor may submit
755 the matter to binding arbitration in accordance with Title 78B, Chapter 6, Part 2, Alternative
756 Dispute Resolution Act; provided that, if the parties cannot agree upon an arbitrator and the
757 rules and procedures that will control the arbitration, either party may pursue arbitration under
758 Title 78B, Chapter 11, Utah Uniform Arbitration Act.
759 (3) (a) A signer of a petition may withdraw or, once withdrawn, reinstate the signer's
760 signature at any time before the public hearing under Section 17B-1-508 by submitting a
761 written statement requesting withdrawal or reinstatement with the board of trustees of the local
762 district in which the area proposed to be withdrawn is located.
763 (b) A statement described in Subsection (3)(a) shall comply with the requirements
764 described in Subsection 20A-7-105(9)(e).
765 (c) A signer may not submit a statement described in Subsection (3)(a) by email or
766 other electronic means.
767 (d) As applicable and using the procedures described in Section 20A-7-105, the county
768 clerk shall assist the board of trustees to determine whether to remove or reinstate a registered
769 voter's signature after the voter submits a timely, valid statement described in Subsection
770 (3)(a).
771 (4) If it reasonably appears that, if the withdrawal which is the subject of a petition
772 filed under Subsection 17B-1-504(1)(a)(i) or (ii) is granted, it will be necessary for a
773 municipality to provide to the withdrawn area the service previously supplied by the local
774 district, the board of trustees of the local district may, within 21 days after receiving the
775 petition, notify the contact sponsor in writing that, before it will be considered by the board of
776 trustees, the petition shall be presented to and approved by the governing body of the
777 municipality as provided in Subsection 17B-1-504(1)(a)(iv) before it will be considered by the
778 local district board of trustees. If the notice is timely given to the contact sponsor, the petition
779 shall be considered to have been withdrawn until the municipality files a petition with the local
780 district under Subsection 17B-1-504(1)(a)(iv).
781 (5) (a) After receiving the notice required by Subsection 17B-1-504(2), unless
782 specifically allowed by law, a public entity may not make expenditures from public funds to
783 support or oppose the gathering of signatures on a petition for withdrawal.
784 (b) Nothing in this section prohibits a public entity from providing factual information
785 and analysis regarding a withdrawal petition to the public, so long as the information grants
786 equal access to both the opponents and proponents of the petition for withdrawal.
787 (c) Nothing in this section prohibits a public official from speaking, campaigning,
788 contributing personal money, or otherwise exercising the public official's constitutional rights.
789 Section 16. Section 17B-1-507 is amended to read:
790 17B-1-507. Withdrawal petition certification -- Amended petition.
791 (1) Within 30 days after the filing of a petition under Sections 17B-1-504 and
792 17B-1-506, the board of trustees of the local district in which the area proposed to be
793 withdrawn is located shall:
794 (a) (i) as necessary and with the assistance of the county clerk of the county in which
795 the area proposed to be withdrawn is located, use the procedures described in Section
796 20A-7-105 to determine whether a signer is a registered voter; and
797 (ii) with the assistance of officers of the county in which the area proposed to be
798 withdrawn is located, determine whether the petition meets the requirements of Sections
799 17B-1-504 and 17B-1-506; and
800 (b) (i) if the petition complies with the requirements set forth in Sections 17B-1-504
801 and 17B-1-506, certify the petition and mail or deliver written notification of the certification
802 to the contact sponsor; or
803 (ii) if the petition fails to comply with any of the requirements set forth in Sections
804 17B-1-504 and 17B-1-506, reject the petition as insufficient and mail or deliver written
805 notification of the rejection and the reasons for the rejection to the contact sponsor.
806 (2) (a) If the board rejects the petition under Subsection (1)(b)(ii), the petition may be
807 amended to correct the deficiencies for which it was rejected and then refiled within 60 days
808 after notice of the rejection.
809 (b) A valid signature on a petition that was rejected under Subsection (1)(b)(ii) may be
810 used toward fulfilling the applicable signature requirement for an amended petition refiled
811 under Subsection (2)(a).
812 (3) The board of trustees shall process an amended petition refiled under Subsection
813 (2)(a) in the same manner as an original petition under Subsection (1). If an amended petition
814 is rejected for failure to comply with the requirements of Sections 17B-1-504 and 17B-1-506,
815 the board of trustees shall issue a final rejection of the petition for insufficiency and mail or
816 deliver written notice of the final rejection to the contact sponsor.
817 (4) (a) A signer of a petition for which there has been a final rejection under Subsection
818 (3) for insufficiency may seek judicial review of the board of trustees' final decision to reject
819 the petition as insufficient.
820 (b) Judicial review under Subsection (4)(a) shall be initiated by filing an action in state
821 district court in the county in which a majority of the area proposed to be withdrawn is located.
822 (c) The court in which an action is filed under this Subsection (4) may not overturn the
823 board of trustees' decision to reject the petition unless the court finds that:
824 (i) the board of trustees' decision was arbitrary or capricious; or
825 (ii) the petition materially complies with the requirements set forth in Sections
826 17B-1-504 and 17B-1-506.
827 (d) The court may award costs and expenses of an action under this section, including
828 reasonable attorney fees, to the prevailing party.
829 Section 17. Section 17B-1-1301 is amended to read:
830 17B-1-1301. Definitions.
831 For purposes of this part:
832 (1) "Active" means, with respect to a local district, that the district is not inactive.
833 (2) "Administrative body" means:
834 (a) if the local district proposed to be dissolved has a duly constituted board of trustees
835 in sufficient numbers to form a quorum, the board of trustees; or
836 (b) except as provided in Subsection (2)(a):
837 (i) for a local district located entirely within a single municipality, the legislative body
838 of that municipality;
839 (ii) for a local district located in multiple municipalities within the same county or at
840 least partly within the unincorporated area of a county, the legislative body of that county; or
841 (iii) for a local district located within multiple counties, the legislative body of the
842 county whose boundaries include more of the local district than is included within the
843 boundaries of any other county.
844 (3) "Clerk" means:
845 (a) the board of trustees if the board is also the administrative body under Subsection
846 (2)(a);
847 (b) the clerk or recorder of the municipality whose legislative body is the
848 administrative body under Subsection (2)(b)(i); or
849 (c) the clerk of the county whose legislative body is the administrative body under
850 Subsection (2)(b)(ii) or (iii).
851 (4) "Inactive" means, with respect to a local district, that during the preceding three
852 years the district has not:
853 (a) provided any service or otherwise operated;
854 (b) received property taxes or user or other fees; and
855 (c) expended any funds.
856 (5) "Registered voter petition" means a petition under Subsection
857 17B-1-1303(1)(a)(ii)(B) or 17B-1-1303(2)(c)(ii).
858 Section 18. Section 17B-1-1305 is amended to read:
859 17B-1-1305. Petition certification -- Withdrawal of signature.
860 (1) Within 30 days after the filing of a petition under Subsection 17B-1-1303(1)(a) or
861 (2), the clerk shall:
862 (a) with the assistance of officers of the county in which the local district is located
863 from whom the clerk requests assistance, determine whether the petition meets the
864 requirements of Section 17B-1-1303 and Subsection 17B-1-1304(1); and
865 (b) (i) if the clerk determines that the petition complies with the requirements, certify
866 the petition and mail or deliver written notification of the certification to the contact sponsor;
867 or
868 (ii) if the clerk determines that the petition fails to comply with any of the
869 requirements, reject the petition and mail or deliver written notification of the rejection and the
870 reasons for the rejection to the contact sponsor.
871 (2) For a registered voter petition, the county clerk shall determine or shall assist a
872 board of trustees or municipal clerk or recorder with determining whether a signer is a
873 registered voter using the procedures described in Section 20A-7-105.
874 [
875 be amended to correct the deficiencies for which it was rejected and then refiled.
876 (b) A valid signature on a petition that was rejected under Subsection (1)(b)(ii) may be
877 used toward fulfilling the applicable signature requirement of the petition as amended under
878 Subsection [
879 [
880 (3)(a) in the same manner as an original petition under Subsection (1).
881 (5) (a) A signer of a petition may withdraw or, once withdrawn, reinstate the signer's
882 signature at any time before the public hearing under Section 17B-1-1306 by submitting a
883 written statement requesting withdrawal or reinstatement with the clerk.
884 (b) A signer may not submit a statement described in Subsection (5)(a) by email or
885 other electronic means.
886 (c) For a registered voter petition:
887 (i) a statement described in Subsection (5)(a) shall comply with the requirements
888 described in Subsection 20A-7-105(9)(e); and
889 (ii) the county clerk shall determine or shall assist a board of trustees or municipal
890 clerk or recorder with determining whether to remove or reinstate the signer's signature using
891 the procedures described in Section 20A-7-105.
892 Section 19. Section 17D-2-502 is amended to read:
893 17D-2-502. Required process for issuance of local building authority bonds --
894 Certification of petition signatures -- Removal of signature.
895 (1) A local building authority may not issue bonds unless the creating local entity's
896 governing body approves the issuance and terms of the bonds.
897 (2) (a) Before issuing bonds, the authority board of a local building authority shall give
898 public notice of the authority board's intent to issue bonds.
899 (b) (i) A local building authority may not issue bonds without the approval of the
900 creating local entity's voters if, within 30 days after the notice under Subsection (2)(a) is given,
901 a written petition requesting an election is filed with the local building authority, signed by at
902 least 20% of the active voters, as defined in Section 20A-1-102, within the creating local entity.
903 (ii) Each election under Subsection (2)(b)(i) shall be held as provided in Title 11,
904 Chapter 14, Local Government Bonding Act, in the same manner as an election for general
905 obligation bonds issued by the creating local entity.
906 (3) (a) Within three business days after the day on which a local building authority
907 receives a petition under Subsection (2)(b)(i), the local building authority shall provide the
908 petition to the county clerk of the county in which the creating local entity is located.
909 (b) Within 14 days after the day on which a county clerk receives a petition from the
910 local building authority under Subsection (3)(a), the county clerk shall:
911 (i) use the procedures described in Section 20A-7-105 to determine whether the
912 petition satisfies the requirements of Subsection (2)(b)(i);
913 (ii) certify on the petition whether each name is that of an active voter within the
914 creating local entity; and
915 (iii) deliver the certified petition to the local building authority.
916 (4) (a) A voter who signs a petition under this section may have the voter's signature
917 removed from the petition by, no later than three business days after the day on which the local
918 building authority provides the petition to the county clerk, submitting to the county clerk a
919 statement requesting that the voter's signature be removed.
920 (b) A statement described in Subsection (4)(a) shall comply with the requirements
921 described in Subsection 20A-7-105(9)(e).
922 (c) A voter may not submit a statement described in Subsection (4)(a) by email or other
923 electronic means.
924 (d) The county clerk shall use the procedures described in Section 20A-7-105 to
925 determine whether to remove an individual's signature from a petition after receiving a timely,
926 valid statement requesting removal of the signature.
927 Section 20. Section 20A-7-101 is amended to read:
928 20A-7-101. Definitions.
929 As used in this chapter:
930 (1) "Approved device" means a device described in Subsection 20A-21-201(4) used to
931 gather signatures for the electronic initiative process, the electronic referendum process, or the
932 electronic candidate qualification process.
933 (2) "Budget officer" means:
934 (a) for a county, the person designated as finance officer as defined in Section 17-36-3;
935 (b) for a city, the person designated as budget officer in Subsection 10-6-106(4);
936 (c) for a town, the town council; or
937 (d) for a metro township, the person described in Subsection (2)(a) for the county in
938 which the metro township is located.
939 (3) "Certified" means that the county clerk has acknowledged a signature as being the
940 signature of a registered voter.
941 (4) "Circulation" means the process of submitting an initiative or referendum petition
942 to legal voters for their signature.
943 (5) "Electronic initiative process" means:
944 (a) as it relates to a statewide initiative, the process, described in Sections 20A-7-215
945 and 20A-21-201, for gathering signatures; or
946 (b) as it relates to a local initiative, the process, described in Sections 20A-7-514 and
947 20A-21-201, for gathering signatures.
948 (6) "Electronic referendum process" means:
949 (a) as it relates to a statewide referendum, the process, described in Sections
950 20A-7-313 and 20A-21-201, for gathering signatures; or
951 (b) as it relates to a local referendum, the process, described in Sections 20A-7-614 and
952 20A-21-201, for gathering signatures.
953 (7) "Eligible voter" means a legal voter who resides in the jurisdiction of the county,
954 city, or town that is holding an election on a ballot proposition.
955 (8) "Final fiscal impact statement" means a financial statement prepared after voters
956 approve an initiative that contains the information required by Subsection 20A-7-202.5(2) or
957 20A-7-502.5(2).
958 (9) "Initial fiscal impact estimate" means:
959 (a) a financial statement prepared under Section 20A-7-202.5 after the filing of an
960 application for an initiative petition; or
961 (b) a financial and legal statement prepared under Section 20A-7-502.5 or 20A-7-602.5
962 for an initiative or referendum petition.
963 (10) "Initiative" means a new law proposed for adoption by the public as provided in
964 this chapter.
965 (11) "Initiative packet" means a copy of the initiative petition, a copy of the proposed
966 law, and the signature sheets, all of which have been bound together as a unit.
967 (12) (a) "Land use law" means a law of general applicability, enacted based on the
968 weighing of broad, competing policy considerations, that relates to the use of land, including
969 land use regulation, a general plan, a land use development code, an annexation ordinance, the
970 rezoning of a single property or multiple properties, or a comprehensive zoning ordinance or
971 resolution.
972 (b) "Land use law" does not include a land use decision, as defined in Section
973 10-9a-103 or 17-27a-103.
974 (13) "Legal signatures" means the number of signatures of legal voters that:
975 (a) meet the numerical requirements of this chapter; and
976 (b) have been obtained, certified, and verified as provided in this chapter.
977 (14) "Legal voter" means a person who is registered to vote in Utah.
978 (15) "Legally referable to voters" means:
979 (a) for a proposed local initiative, that the proposed local initiative is legally referable
980 to voters under Section 20A-7-502.7; or
981 (b) for a proposed local referendum, that the proposed local referendum is legally
982 referable to voters under Section 20A-7-602.7.
983 (16) "Local attorney" means the county attorney, city attorney, or town attorney in
984 whose jurisdiction a local initiative or referendum petition is circulated.
985 (17) "Local clerk" means the county clerk, city recorder, or town clerk in whose
986 jurisdiction a local initiative or referendum petition is circulated.
987 (18) (a) "Local law" includes:
988 (i) an ordinance;
989 (ii) a resolution;
990 (iii) a land use law;
991 (iv) a land use regulation, as defined in Section 10-9a-103; or
992 (v) other legislative action of a local legislative body.
993 (b) "Local law" does not include a land use decision, as defined in Section 10-9a-103.
994 (19) "Local legislative body" means the legislative body of a county, city, town, or
995 metro township.
996 (20) "Local obligation law" means a local law passed by the local legislative body
997 regarding a bond that was approved by a majority of qualified voters in an election.
998 (21) "Local tax law" means a law, passed by a political subdivision with an annual or
999 biannual calendar fiscal year, that increases a tax or imposes a new tax.
1000 (22) "Manual initiative process" means the process for gathering signatures for an
1001 initiative using paper signature packets that a signer physically signs.
1002 (23) "Manual referendum process" means the process for gathering signatures for a
1003 referendum using paper signature packets that a signer physically signs.
1004 (24) "Measure" means a proposed constitutional amendment, an initiative, or
1005 referendum.
1006 (25) "Referendum" means a process by which a law passed by the Legislature or by a
1007 local legislative body is submitted or referred to the voters for their approval or rejection.
1008 (26) "Referendum packet" means a copy of the referendum petition, a copy of the law
1009 being submitted or referred to the voters for their approval or rejection, and the signature
1010 sheets, all of which have been bound together as a unit.
1011 (27) "Signature":
1012 (a) for a statewide initiative:
1013 (i) as it relates to the electronic initiative process, means an electronic signature
1014 collected under Section 20A-7-215 and Subsection 20A-21-201(6)(c); or
1015 (ii) as it relates to the manual initiative process:
1016 (A) means a holographic signature collected physically on a signature sheet described
1017 in Section 20A-7-203; and
1018 (B) does not include an electronic signature;
1019 (b) for a statewide referendum:
1020 (i) as it relates to the electronic referendum process, means an electronic signature
1021 collected under Section 20A-7-313 and Subsection 20A-21-201(6)(c); or
1022 (ii) as it relates to the manual referendum process:
1023 (A) means a holographic signature collected physically on a signature sheet described
1024 in Section 20A-7-303; and
1025 (B) does not include an electronic signature;
1026 (c) for a local initiative:
1027 (i) as it relates to the electronic initiative process, means an electronic signature
1028 collected under Section 20A-7-514 and Subsection 20A-21-201(6)(c); or
1029 (ii) as it relates to the manual initiative process:
1030 (A) means a holographic signature collected physically on a signature sheet described
1031 in Section 20A-7-503; and
1032 (B) does not include an electronic signature; or
1033 (d) for a local referendum:
1034 (i) as it relates to the electronic referendum process, means an electronic signature
1035 collected under Section 20A-7-614 and Subsection 20A-21-201(6)(c); or
1036 (ii) as it relates to the manual referendum process:
1037 (A) means a holographic signature collected physically on a signature sheet described
1038 in Section 20A-7-603; and
1039 (B) does not include an electronic signature.
1040 (28) "Signature sheets" means sheets in the form required by this chapter that are used
1041 to collect signatures in support of an initiative or referendum.
1042 (29) "Special local ballot proposition" means a local ballot proposition that is not a
1043 standard local ballot proposition.
1044 (30) "Sponsors" means the legal voters who support the initiative or referendum and
1045 who sign the application for petition copies.
1046 (31) (a) "Standard local ballot proposition" means a local ballot proposition for an
1047 initiative or a referendum.
1048 (b) "Standard local ballot proposition" does not include a property tax referendum
1049 described in Section 20A-7-613.
1050 (32) "Tax percentage difference" means the difference between the tax rate proposed
1051 by an initiative or an initiative petition and the current tax rate.
1052 (33) "Tax percentage increase" means a number calculated by dividing the tax
1053 percentage difference by the current tax rate and rounding the result to the nearest thousandth.
1054 (34) "Verified" means acknowledged by the person circulating the petition as required
1055 in [
1056 Section 21. Section 20A-7-105 is enacted to read:
1057 20A-7-105. Manual petition processes -- Obtaining signatures -- Verification --
1058 Submitting the petition -- Certification of signatures -- Transfer to lieutenant governor --
1059 Removal of signature.
1060 (1) This section applies only to the manual initiative process and the manual
1061 referendum process.
1062 (2) As used in this section:
1063 (a) "Local petition" means:
1064 (i) a manual local initiative petition described in Part 5, Local Initiatives - Procedures;
1065 or
1066 (ii) a manual local referendum petition described in Part 6, Local Referenda -
1067 Procedure.
1068 (b) "Packet" means an initiative packet or referendum packet.
1069 (c) "Petition" means a local petition or statewide petition.
1070 (d) "Statewide petition" means:
1071 (i) a manual statewide initiative petition described in Part 2, Statewide Initiatives; or
1072 (ii) a manual statewide referendum petition described in Part 3, Statewide Referenda.
1073 (e) (i) "Substantially similar name" means:
1074 (A) the given name, the surname, or both, provided by the individual with the
1075 individual's petition signature, contain only minor spelling differences when compared to the
1076 given name and surname shown on the official register;
1077 (B) the surname, provided by the individual with the individual's petition signature,
1078 exactly matches the surname shown on the official register, and the given names differ only
1079 because one of the given names shown is a commonly used abbreviation or variation of the
1080 other;
1081 (C) the surname, provided by the individual with the individual's petition signature,
1082 exactly matches the surname shown on the official register, and the given names differ only
1083 because one of the given names shown is accompanied by a first or middle initial or a middle
1084 name which is not shown on the other record; or
1085 (D) the surname, provided by the individual with the individual's petition signature,
1086 exactly matches the surname shown on the official register, and the given names differ only
1087 because one of the given names shown is an alphabetically corresponding initial that has been
1088 provided in the place of a given name shown on the other record.
1089 (ii) "Substantially similar name" does not include a name having an initial or a middle
1090 name, provided by the individual with the individual's petition signature, that does not match a
1091 different initial or middle name shown on the official register.
1092 (3) (a) A Utah voter may sign a statewide petition if the voter is a legal voter.
1093 (b) A Utah voter may sign a local petition if the voter:
1094 (i) is a legal voter; and
1095 (ii) resides in the local jurisdiction.
1096 (4) (a) The sponsors shall ensure that the individual in whose presence each signature
1097 sheet was signed:
1098 (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
1099 (ii) verifies each signature sheet by completing the verification printed on the last page
1100 of each packet; and
1101 (iii) is informed that each signer is required to read and understand:
1102 (A) for an initiative petition, the law proposed by the initiative; or
1103 (B) for a referendum petition, the law that the referendum seeks to overturn.
1104 (b) An individual may not sign the verification printed on the last page of a packet if
1105 the individual signed a signature sheet in the packet.
1106 (5) (a) The sponsors, or an agent of the sponsors, shall submit a signed and verified
1107 packet to the county clerk of the county in which the packet was circulated before 5 p.m. no
1108 later than the earlier of:
1109 (i) for a statewide initiative:
1110 (A) 30 days after the day on which the first individual signs the initiative packet;
1111 (B) 316 days after the day on which the application for the initiative petition is filed; or
1112 (C) the February 15 immediately before the next regular general election immediately
1113 after the application is filed under Section 20A-7-202;
1114 (ii) for a statewide referendum:
1115 (A) 30 days after the day on which the first individual signs the referendum packet; or
1116 (B) 40 days after the day on which the legislative session at which the law passed ends;
1117 (iii) for a local initiative:
1118 (A) 30 days after the day on which the first individual signs the initiative packet;
1119 (B) 316 days after the day on which the application is filed;
1120 (C) the April 15 immediately before the next regular general election immediately after
1121 the application is filed under Section 20A-7-502, if the local initiative is a county initiative; or
1122 (D) the April 15 immediately before the next municipal general election immediately
1123 after the application is filed under Section 20A-7-502, if the local initiative is a municipal
1124 initiative; or
1125 (iv) for a local referendum:
1126 (A) 30 days after the day on which the first individual signs the referendum packet; or
1127 (B) 45 days after the day on which the sponsors receive the items described in
1128 Subsection 20A-7-604(3) from the local clerk.
1129 (b) A person may not submit a packet after the applicable deadline described in
1130 Subsection (5)(a).
1131 (c) Before delivering an initiative packet to the county clerk under this Subsection (5),
1132 the sponsors shall send an email to each individual who provides a legible, valid email address
1133 on the signature sheet that includes the following:
1134 (i) the subject of the email shall include the following statement, "Notice Regarding
1135 Your Petition Signature"; and
1136 (ii) the body of the email shall include the following statement in 12-point type: "You
1137 signed a petition for the following initiative: [insert title of initiative]. To access a copy of the
1138 initiative petition, the initiative, the fiscal impact statement, and information on the deadline
1139 for removing your signature from the petition, please visit the following link: [insert a uniform
1140 resource locator that takes the individual directly to the page on the lieutenant governor's or
1141 county clerk's website that includes the information referred to in the email]."
1142 (d) When the sponsors submit the last initiative packet to the county clerk, the sponsors
1143 shall submit to the county clerk:
1144 (i) a list containing:
1145 (A) the name and email address of each individual the sponsors sent, or caused to be
1146 sent, the email described in Subsection (5)(c); and
1147 (B) the date the email was sent;
1148 (ii) a copy of the email described in Subsection (5)(c); and
1149 (iii) the following written verification, completed and signed by each of the sponsors:
1150 "Verification of initiative sponsor State of Utah, County of __________
1151 I, __________, of __________, hereby state, under penalty of perjury, that:
1152 I am a sponsor of the initiative petition entitled ____________________; and I sent, or
1153 caused to be sent, to each individual who provided a legible, valid email address on a signature
1154 sheet submitted to the county clerk in relation to the initiative petition, the email described in
1155 Utah Code Subsection 20A-7-105(5)(c).
1156 _____________________________________________________________________
1157 (Name) (Residence Address) (Date)".
1158 (e) Signatures gathered for an initiative petition are not valid if the sponsors do not
1159 comply with Subsection (5)(c) or (d).
1160 (6) (a) Within 21 days after the day on which the county clerk receives the packet, the
1161 county clerk shall:
1162 (i) in accordance with Subsection (7), determine whether each signer is a registered
1163 voter and, as applicable, the jurisdiction where the signer is registered to vote;
1164 (ii) for a statewide initiative or a statewide referendum:
1165 (A) certify on the petition whether each name is that of a registered voter;
1166 (B) post the name, voter identification number, and date of signature of each registered
1167 voter certified under Subsection (6)(a)(ii)(A) on the lieutenant governor's website, in a
1168 conspicuous location designated by the lieutenant governor; and
1169 (C) deliver the verified packet to the lieutenant governor;
1170 (iii) for a local initiative or a local referendum:
1171 (A) certify on the petition whether each name is that of a registered voter who is
1172 registered in the jurisdiction to which the initiative or referendum relates;
1173 (B) post the name, voter identification number, and date of signature of each registered
1174 voter certified under Subsection (6)(a)(iii)(A) on the lieutenant governor's website, in a
1175 conspicuous location designated by the lieutenant governor; and
1176 (C) deliver the verified packet to the local clerk.
1177 (b) For a local initiative or local referendum, the local clerk shall post a link in a
1178 conspicuous location on the local government's website to the posting described in Subsection
1179 (6)(a)(iii)(B):
1180 (i) for a local initiative, during the period of time described in Subsection
1181 20A-7-507(3)(a); or
1182 (ii) for a local referendum, during the period of time described in Subsection
1183 20A-7-607(2)(a)(i).
1184 (7) The county clerk shall use the following procedures to determine whether a signer
1185 is a registered voter and the address where the voter is registered to vote:
1186 (a) if a signer's name and address provided by the individual with the individual's
1187 petition signature exactly match a name and address shown on the official register and the
1188 signer's signature appears substantially similar to the signature on the statewide voter
1189 registration database, the county clerk shall declare the signature valid;
1190 (b) if there is no exact match of an address and a name, the county clerk shall declare
1191 the signature valid if:
1192 (i) the address provided by the individual with the individual's petition signature
1193 matches the address of an individual on the official register with a substantially similar name;
1194 and
1195 (ii) the signer's signature appears substantially similar to the signature on the statewide
1196 voter registration database of the individual described in Subsection (7)(b)(i);
1197 (c) if there is no match of an address and a substantially similar name, the county clerk
1198 shall declare the signature valid for the district or jurisdiction in which the signer is registered
1199 to vote if:
1200 (i) the birth date or age provided by the individual with the individual's petition
1201 signature matches the birth date or age of an individual on the official register with a
1202 substantially similar name; and
1203 (ii) the signer's signature appears substantially similar to the signature on the statewide
1204 voter registration database of the individual described in Subsection (7)(c)(i); and
1205 (d) if a signature is not declared valid under Subsection (7)(a), (b), or (c), the county
1206 clerk shall declare the signature to be invalid.
1207 (8) The county clerk may not certify a signature under Subsection (6):
1208 (a) on a packet that is not verified in accordance with Subsection (4); or
1209 (b) that does not have a date of signature next to the signature.
1210 (9) (a) A voter who signs a statewide initiative petition may have the voter's signature
1211 removed from the petition by submitting to the county clerk a statement requesting that the
1212 voter's signature be removed no later than the earlier of:
1213 (i) for an initiative packet received by the county clerk before December 1:
1214 (A) 30 days after the day on which the voter signs the signature removal statement; or
1215 (B) 90 days after the day on which the lieutenant governor posts the voter's name under
1216 Subsection 20A-7-207(2); or
1217 (ii) for an initiative packet received by the county clerk on or after December 1:
1218 (A) 30 days after the day on which the voter signs the signature removal statement; or
1219 (B) 45 days after the day on which the lieutenant governor posts the voter's name under
1220 Subsection 20A-7-207(2).
1221 (b) A voter who signs a statewide referendum petition may have the voter's signature
1222 removed from the petition by submitting to the county clerk a statement requesting that the
1223 voter's signature be removed no later than the earlier of:
1224 (i) 30 days after the day on which the voter signs the statement requesting removal; or
1225 (ii) 45 days after the day on which the lieutenant governor posts the voter's name under
1226 Subsection 20A-7-307(2).
1227 (c) A voter who signs a local initiative petition may have the voter's signature removed
1228 from the petition by submitting to the county clerk a statement requesting that the voter's
1229 signature be removed no later than the earlier of:
1230 (i) 30 days after the day on which the voter signs the signature removal statement;
1231 (ii) 90 days after the day on which the local clerk posts the voter's name under
1232 Subsection 20A-7-507(2);
1233 (iii) 316 days after the day on which the application is filed; or
1234 (iv) (A) for a county initiative, April 15 immediately before the next regular general
1235 election immediately after the application is filed under Section 20A-7-502; or
1236 (B) for a municipal initiative, April 15 immediately before the next municipal general
1237 election immediately after the application is filed under Section 20A-7-502.
1238 (d) A voter who signs a local referendum petition may have the voter's signature
1239 removed from the petition by submitting to the county clerk a statement requesting that the
1240 voter's signature be removed no later than the earlier of:
1241 (i) 30 days after the day on which the voter signs the statement requesting removal; or
1242 (ii) 45 days after the day on which the local clerk posts the voter's name under
1243 Subsection 20A-7-607(2)(a).
1244 (e) (i) A statement described in this Subsection (9) shall include:
1245 (A) the name of the voter;
1246 (B) the resident address at which the voter is registered to vote;
1247 (C) the voter's signature; and
1248 (D) the date of the signature described in Subsection (9)(e)(i)(C).
1249 (ii) To increase the likelihood of the voter's signature being identified and removed, the
1250 statement may include the voter's birth date or age.
1251 (f) A voter may not submit a statement described in this Subsection (9) by email or
1252 other electronic means.
1253 (g) In order for the signature to be removed, the county clerk must receive the
1254 statement described in this Subsection (9) before 5 p.m. no later than the applicable deadline
1255 described in this Subsection (9).
1256 (h) A voter may only remove a signature from a petition in accordance with this
1257 Subsection (9).
1258 (i) A county clerk shall analyze a signature, for purposes of removing a signature from
1259 a petition, in accordance with Subsection (10).
1260 (10) The county clerk shall use the following procedures to determine whether to
1261 remove an individual's signature from a petition after receiving a timely, valid statement
1262 requesting removal of the signature:
1263 (a) if the signer's name and address shown on the statement and the petition exactly
1264 match a name and address shown on the official register and the signer's signature on both the
1265 statement and the petition appears substantially similar to the signature on the statewide voter
1266 registration database, the county clerk shall remove the signature from the petition;
1267 (b) if there is no exact match of an address and a name, the county clerk shall remove
1268 the signature from the petition if:
1269 (i) the address on the statement and the petition matches the address of an individual
1270 on the official register with a substantially similar name; and
1271 (ii) the signer's signature on both the statement and the petition appears substantially
1272 similar to the signature on the statewide voter registration database of the individual described
1273 in Subsection (10)(b)(i);
1274 (c) if there is no match of an address and a substantially similar name, the county clerk
1275 shall remove the signature from the petition if:
1276 (i) the birth date or age on the statement and the petition match the birth date or age of
1277 an individual on the official register with a substantially similar name; and
1278 (ii) the signer's signature on both the statement and the petition appears substantially
1279 similar to the signature on the statewide voter registration database of the individual described
1280 in Subsection (10)(c)(i); and
1281 (d) if a signature does not qualify for removal under Subsection (10)(a), (b), or (c), the
1282 county clerk may not remove the signature from the petition.
1283 (11) (a) If the county clerk timely receives a statement requesting signature removal
1284 under Subsection (9) and determines that the signature should be removed from the petition
1285 under Subsection (10), the county clerk shall:
1286 (i) ensure that the voter's name, voter identification number, and date of signature are
1287 not included in the posting described in Subsection (6)(a)(ii)(B) or (iii)(B); and
1288 (ii) remove the voter's signature from the signature packets and signature packet totals.
1289 (b) The county clerk shall comply with Subsection (11)(a) before the later of:
1290 (i) the deadline described in Subsection (6)(a); or
1291 (ii) two business days after the day on which the county clerk receives a statement
1292 requesting signature removal under Subsection (9).
1293 (12) A person may not retrieve a packet from a county clerk, or make any alterations or
1294 corrections to a packet, after the packet is submitted to the county clerk.
1295 Section 22. Section 20A-7-206.1 is amended to read:
1296 20A-7-206.1. Provisions relating only to process for submitting an initiative to the
1297 Legislature for approval or rejection.
1298 (1) This section relates only to the process, described in Subsection 20A-7-201(1), for
1299 submitting an initiative to the Legislature for approval or rejection.
1300 (2) Notwithstanding Section [
1301 petition for submission to the Legislature, the sponsors, or an agent of the sponsors, shall
1302 deliver each signed and verified initiative packet to the county clerk of the county in which the
1303 packet was circulated before 5 p.m. no later than November 15 before the next annual general
1304 session of the Legislature immediately after the application is filed under Section 20A-7-202.
1305 (3) Notwithstanding Section [
1306 before the annual general session of the Legislature, the county clerk shall, for an initiative for
1307 submission to the Legislature:
1308 (a) determine whether each signer is a registered voter according to the requirements of
1309 Section [
1310 (b) certify on the petition whether each name is that of a registered voter; and
1311 (c) deliver the verified packets to the lieutenant governor.
1312 (4) The county clerk may not certify a signature under Subsection (3) on an initiative
1313 packet that is not verified in accordance with Section [
1314 (5) A person may not retrieve an initiative packet from a county clerk, or make any
1315 alterations or corrections to an initiative packet, after the initiative packet is submitted to the
1316 county clerk.
1317 Section 23. Section 20A-7-207 is amended to read:
1318 20A-7-207. Evaluation by the lieutenant governor.
1319 (1) In relation to the manual initiative process, when the lieutenant governor receives
1320 an initiative packet from a county clerk, the lieutenant governor shall record the number of the
1321 initiative packet received.
1322 (2) The county clerk shall:
1323 (a) in relation to the manual initiative process:
1324 (i) post the names, voter identification numbers, and dates of signatures described in
1325 Subsection [
1326 conspicuous location designated by the lieutenant governor:
1327 (A) for an initiative packet received by the county clerk before December 1, for at least
1328 90 days; or
1329 (B) for an initiative packet received by the county clerk on or after December 1, for at
1330 least 45 days; and
1331 (ii) update on the lieutenant governor's website the number of signatures certified as of
1332 the date of the update; or
1333 (b) in relation to the electronic initiative process:
1334 (i) post the names, voter identification numbers, and dates of signatures described in
1335 Subsection 20A-7-217(4) on the lieutenant governor's website, in a conspicuous location
1336 designated by the lieutenant governor:
1337 (A) for a signature received by the county clerk before December 1, for at least 90
1338 days; or
1339 (B) for a signature received by the county clerk on or after December 1, for at least 45
1340 days; and
1341 (ii) update on the lieutenant governor's website the number of signatures certified as of
1342 the date of the update.
1343 (3) The lieutenant governor:
1344 (a) shall, except as provided in Subsection (3)(b), declare the petition to be sufficient or
1345 insufficient on April 30 before the regular general election described in Subsection
1346 20A-7-201(2)(b); or
1347 (b) may declare the petition to be insufficient before the day described in Subsection
1348 (3)(a) if:
1349 (i) in relation to the manual initiative process, the total of all valid signatures on timely
1350 and lawfully submitted signature packets that have been certified by the county clerks, plus the
1351 number of signatures on timely and lawfully submitted signature packets that have not yet been
1352 evaluated for certification, is less than the number of names required under Section 20A-7-201;
1353 (ii) in relation to the electronic initiative process, the total of all timely and lawfully
1354 submitted valid signatures that have been certified by the county clerks, plus the number of
1355 timely and lawfully submitted valid signatures received under Subsection 20A-21-201(6)(b)
1356 that have not yet been evaluated for certification, is less than the number of names required
1357 under Section 20A-7-201; or
1358 (iii) a requirement of this part has not been met.
1359 (4) (a) If the total number of names certified under Subsection (3) equals or exceeds
1360 the number of names required under Section 20A-7-201, and the requirements of this part are
1361 met, the lieutenant governor shall mark upon the front of the petition the word "sufficient."
1362 (b) If the total number of names certified under Subsection (3) does not equal or
1363 exceed the number of names required under Section 20A-7-201 or a requirement of this part is
1364 not met, the lieutenant governor shall mark upon the front of the petition the word
1365 "insufficient."
1366 (c) The lieutenant governor shall immediately notify any one of the sponsors of the
1367 lieutenant governor's finding.
1368 (5) After a petition is declared insufficient, a person may not submit additional
1369 signatures to qualify the petition for the ballot.
1370 (6) (a) If the lieutenant governor refuses to accept and file an initiative petition that a
1371 voter believes is legally sufficient, the voter may, no later than May 15, apply to the appropriate
1372 court for an extraordinary writ to compel the lieutenant governor to accept and file the initiative
1373 petition.
1374 (b) If the court determines that the initiative petition is legally sufficient, the lieutenant
1375 governor shall file the petition, with a verified copy of the judgment attached to the petition, as
1376 of the date on which the petition was originally offered for filing in the lieutenant governor's
1377 office.
1378 (c) If the court determines that a petition filed is not legally sufficient, the court may
1379 enjoin the lieutenant governor and all other officers from certifying or printing the ballot title
1380 and numbers of that measure on the official ballot.
1381 (7) A petition determined to be sufficient in accordance with this section is qualified
1382 for the ballot.
1383 Section 24. Section 20A-7-208 is amended to read:
1384 20A-7-208. Disposition of initiative petitions by the Legislature.
1385 (1) (a) Except as provided in Subsection (1)(b), when the lieutenant governor delivers
1386 an initiative petition to the Legislature, the law proposed by that initiative petition shall be
1387 either enacted or rejected without change or amendment by the Legislature.
1388 (b) The speaker of the House and the president of the Senate may direct legislative staff
1389 to make technical corrections authorized by Section 36-12-12.
1390 (c) If any law proposed by an initiative petition is enacted by the Legislature, the law is
1391 subject to referendum the same as other laws.
1392 (2) If any law proposed by a petition is not enacted by the Legislature, that proposed
1393 law shall be submitted to a vote of the people at the next regular general election if:
1394 (a) sufficient additional signatures to the petition are first obtained to bring the total
1395 number of signatures up to the number required by Subsection 20A-7-201(2); and
1396 (b) those additional signatures are verified, certified by the county clerks, and declared
1397 sufficient by the lieutenant governor as provided in Section 20A-7-105 and this part.
1398 Section 25. Section 20A-7-213 is amended to read:
1399 20A-7-213. Misconduct of electors and officers -- Penalty.
1400 (1) It is unlawful for any person to:
1401 (a) sign any name other than the person's own to an initiative petition or a statement
1402 described in Subsection [
1403 (b) knowingly sign the person's name more than once for the same measure at one
1404 election;
1405 (c) knowingly indicate that a person who signed an initiative petition signed the
1406 petition on a date other than the date that the person signed the petition;
1407 (d) sign an initiative petition knowing the person is not a legal voter; or
1408 (e) knowingly and willfully violate any provision of this part.
1409 (2) It is unlawful for any person to sign the verification for an initiative packet, or to
1410 electronically sign the verification for a signature under Subsection 20A-21-201(9), knowing
1411 that:
1412 (a) the person does not meet the residency requirements of Section 20A-2-105;
1413 (b) the signature date associated with the person's signature for the initiative petition is
1414 not the date that the person signed the petition;
1415 (c) the person has not witnessed the signatures of those persons whose signatures the
1416 person collects or submits; or
1417 (d) one or more individuals who signed the initiative petition are not registered to vote
1418 in Utah.
1419 (3) It is unlawful for any person to:
1420 (a) pay a person to sign an initiative petition;
1421 (b) pay a person to remove the person's signature from an initiative petition;
1422 (c) accept payment to sign an initiative petition; or
1423 (d) accept payment to have the person's name removed from an initiative petition.
1424 (4) Any person violating this section is guilty of a class A misdemeanor.
1425 Section 26. Section 20A-7-216 is amended to read:
1426 20A-7-216. Electronic initiative process -- Obtaining signatures -- Request to
1427 remove signature.
1428 (1) This section applies to the electronic initiative process.
1429 (2) A Utah voter may sign an initiative if the voter is a legal voter.
1430 (3) The sponsors shall ensure that the signature-gatherer who collects a signature from
1431 an individual:
1432 (a) verifies that the individual is at least 18 years old and meets the residency
1433 requirements of Section 20A-2-105; and
1434 (b) is informed that each signer is required to read and understand the law proposed by
1435 the initiative.
1436 (4) A voter who [
1437 removed from the petition by submitting to the county clerk a statement requesting that the
1438 voter's signature be removed before 5 p.m. no later than the earlier of:
1439 (a) for an electronic signature gathered before December 1:
1440 (i) 30 days after the day on which the voter signs the signature removal statement; or
1441 (ii) 90 days after the day on which the county clerk posts the voter's name under
1442 Subsection 20A-7-217(4); or
1443 (b) for an electronic signature gathered on or after December 1:
1444 (i) 30 days after the day on which the voter signs the signature removal statement; or
1445 (ii) 45 days after the day on which the county clerk posts the voter's name under
1446 Subsection 20A-7-217(4).
1447 (5) (a) The statement described in Subsection (4) shall include:
1448 (i) the name of the voter;
1449 (ii) the resident address at which the voter is registered to vote;
1450 (iii) the signature of the voter; and
1451 (iv) the date of the signature described in Subsection (5)(a)(iii).
1452 (b) To increase the likelihood of the voter's signature being identified and removed, the
1453 statement described in Subsection (4) may include the voter's birth date or age.
1454 (c) A voter may not submit a signature removal statement described in Subsection (4)
1455 by email or other electronic means, unless the lieutenant governor establishes a signature
1456 removal process that is consistent with the requirements of this section and Section
1457 20A-21-201.
1458 (d) A person may only remove an electronic signature from an initiative petition in
1459 accordance with this section.
1460 (e) A county clerk shall analyze a holographic signature, for purposes of removing an
1461 electronic signature from an initiative petition, in accordance with Section [
1462 20A-7-105.
1463 Section 27. Section 20A-7-307 is amended to read:
1464 20A-7-307. Evaluation by the lieutenant governor.
1465 (1) In relation to the manual referendum process, when the lieutenant governor receives
1466 a referendum packet from a county clerk, the lieutenant governor shall record the number of the
1467 referendum packet received.
1468 (2) The county clerk shall:
1469 (a) in relation to the manual referendum process:
1470 (i) post the names, voter identification numbers, and dates of signatures described in
1471 Subsection [
1472 conspicuous location designated by the lieutenant governor, for at least 45 days; and
1473 (ii) update on the lieutenant governor's website the number of signatures certified as of
1474 the date of the update; or
1475 (b) in relation to the electronic referendum process:
1476 (i) post the names, voter identification numbers, and dates of signatures described in
1477 Subsection 20A-7-315(4) on the lieutenant governor's website, in a conspicuous location
1478 designated by the lieutenant governor, for at least 45 days; and
1479 (ii) update on the lieutenant governor's website the number of signatures certified as of
1480 the date of the update.
1481 (3) The lieutenant governor:
1482 (a) shall, except as provided in Subsection (3)(b), declare the petition to be sufficient or
1483 insufficient 106 days after the end of the legislative session at which the law passed; or
1484 (b) may declare the petition to be insufficient before the day described in Subsection
1485 (3)(a) if:
1486 (i) in relation to the manual referendum process, the total of all valid signatures on
1487 timely and lawfully submitted signature packets that have been certified by the county clerks,
1488 plus the number of signatures on timely and lawfully submitted signature packets that have not
1489 yet been evaluated for certification, is less than the number of names required under Section
1490 20A-7-301;
1491 (ii) in relation to the electronic referendum process, the total of all timely and lawfully
1492 submitted valid signatures that have been certified by the county clerks, plus the number of
1493 timely and lawfully submitted valid signatures received under Subsection 20A-21-201(6)(b)
1494 that have not yet been evaluated for certification, is less than the number of names required
1495 under Section 20A-7-301; or
1496 (iii) a requirement of this part has not been met.
1497 (4) (a) If the total number of names certified under Subsection (3) equals or exceeds
1498 the number of names required under Section 20A-7-301, and the requirements of this part are
1499 met, the lieutenant governor shall mark upon the front of the petition the word "sufficient."
1500 (b) If the total number of names certified under Subsection (3) does not equal or
1501 exceed the number of names required under Section 20A-7-301 or a requirement of this part is
1502 not met, the lieutenant governor shall mark upon the front of the petition the word
1503 "insufficient."
1504 (c) The lieutenant governor shall immediately notify any one of the sponsors of the
1505 lieutenant governor's finding.
1506 (d) After a petition is declared insufficient, a person may not submit additional
1507 signatures to qualify the petition for the ballot.
1508 (5) (a) If the lieutenant governor refuses to accept and file a referendum that a voter
1509 believes is legally sufficient, the voter may, no later than 10 days after the day on which the
1510 lieutenant governor declares the petition insufficient, apply to the appropriate court for an
1511 extraordinary writ to compel the lieutenant governor to accept and file the referendum petition.
1512 (b) If the court determines that the referendum petition is legally sufficient, the
1513 lieutenant governor shall file the petition, with a verified copy of the judgment attached to the
1514 referendum petition, as of the date on which the petition was originally offered for filing in the
1515 lieutenant governor's office.
1516 (c) If the court determines that a petition filed is not legally sufficient, the court may
1517 enjoin the lieutenant governor and all other officers from certifying or printing the ballot title
1518 and numbers of that measure on the official ballot.
1519 (6) A petition determined to be sufficient in accordance with this section is qualified
1520 for the ballot.
1521 Section 28. Section 20A-7-314 is amended to read:
1522 20A-7-314. Electronic referendum process -- Obtaining signatures -- Request to
1523 remove signature.
1524 (1) This section applies to the electronic referendum process.
1525 (2) A Utah voter may sign a referendum petition if the voter is a legal voter.
1526 (3) The sponsors shall ensure that the signature-gatherer who collects a signature from
1527 an individual:
1528 (a) verifies that the individual is at least 18 years old and meets the residency
1529 requirements of Section 20A-2-105; and
1530 (b) is informed that each signer is required to read and understand the law that is the
1531 subject of the referendum petition.
1532 (4) A voter who [
1533 removed from the petition by submitting to the county clerk a statement requesting that the
1534 voter's signature be removed before 5 p.m. no later than the earlier of:
1535 (a) 30 days after the day on which the voter signs the statement requesting removal; or
1536 (b) 45 days after the day on which the lieutenant governor posts the voter's name under
1537 Subsection 20A-7-315(4).
1538 (5) (a) The statement described in Subsection (4) shall include:
1539 (i) the name of the voter;
1540 (ii) the resident address at which the voter is registered to vote;
1541 (iii) the signature of the voter; and
1542 (iv) the date of the signature described in Subsection (5)(a)(iii).
1543 (b) To increase the likelihood of the voter's signature being identified and removed, the
1544 statement described in Subsection (4) may include the voter's birth date or age.
1545 (c) A voter may not submit a signature removal statement described in Subsection (4)
1546 by email or other electronic means, unless the lieutenant governor establishes a signature
1547 removal process that is consistent with the requirements of this section and Section
1548 20A-21-201.
1549 (d) A person may only remove an electronic signature from a referendum petition in
1550 accordance with this section.
1551 (e) A county clerk shall analyze a holographic signature, for purposes of removing an
1552 electronic signature from a referendum petition, in accordance with Section [
1553 20A-7-105.
1554 Section 29. Section 20A-7-401.5 is amended to read:
1555 20A-7-401.5. Proposition information pamphlet.
1556 (1) (a) (i) Within 15 days after the day on which an eligible voter files an application to
1557 circulate an initiative petition under Section 20A-7-502 or an application to circulate a
1558 referendum petition under Section 20A-7-602:
1559 (A) the sponsors of the proposed initiative or referendum may submit a written
1560 argument in favor of the proposed initiative or referendum to the election officer of the county
1561 or municipality to which the petition relates; and
1562 (B) the county or municipality to which the application relates may submit a written
1563 argument in favor of, or against, the proposed initiative or referendum to the county's or
1564 municipality's election officer.
1565 (ii) If a county or municipality submits more than one written argument under
1566 Subsection (1)(a)(i)(B), the election officer shall select one of the written arguments, giving
1567 preference to a written argument submitted by a member of a local legislative body if a
1568 majority of the local legislative body supports the written argument.
1569 (b) Within one business day after the day on which an election officer receives an
1570 argument under Subsection (1)(a)(i)(A), the election officer shall provide a copy of the
1571 argument to the county or municipality described in Subsection (1)(a)(i)(B) or (1)(a)(ii), as
1572 applicable.
1573 (c) Within one business day after the date on which an election officer receives an
1574 argument under Subsection (1)(a)(i)(B), the election officer shall provide a copy of the
1575 argument to the first three sponsors of the proposed initiative or referendum described in
1576 Subsection (1)(a)(i)(A).
1577 (d) The sponsors of the proposed initiative or referendum may submit a revised version
1578 of the written argument described in Subsection (1)(a)(i)(A) to the election officer of the
1579 county or municipality to which the petition relates within 20 days after the day on which the
1580 eligible voter files an application to circulate an initiative petition under Section 20A-7-502 or
1581 an application to circulate a referendum petition under Section 20A-7-602.
1582 (e) The author of a written argument described in Subsection (1)(a)(i)(B) submitted by
1583 a county or municipality may submit a revised version of the written argument to the county's
1584 or municipality's election officer within 20 days after the day on which the eligible voter files
1585 an application to circulate an initiative petition under Section 20A-7-502 or an application to
1586 circulate a referendum petition under Section 20A-7-602.
1587 (2) (a) A written argument described in Subsection (1) may not exceed 500 words.
1588 (b) Except as provided in Subsection (2)(c), a person may not modify a written
1589 argument described in Subsection (1)(d) or (e) after the written argument is submitted to the
1590 election officer.
1591 (c) The election officer and the person that submits the written argument described in
1592 Subsection (1)(d) or (e) may jointly agree to modify the written argument to:
1593 (i) correct factual, grammatical, or spelling errors; or
1594 (ii) reduce the number of words to come into compliance with Subsection (2)(a).
1595 (d) An election officer shall refuse to include a written argument in the proposition
1596 information pamphlet described in this section if the person who submits the argument:
1597 (i) fails to negotiate, in good faith, to modify the argument in accordance with
1598 Subsection (2)(c); or
1599 (ii) does not timely submit the written argument to the election officer.
1600 (e) An election officer shall make a good faith effort to negotiate a modification
1601 described in Subsection (2)(c) in an expedited manner.
1602 (3) An election officer who receives a written argument described in Subsection (1)
1603 shall prepare a proposition information pamphlet for publication that includes:
1604 (a) a copy of the application for the proposed initiative or referendum;
1605 (b) except as provided in Subsection (2)(d), immediately after the copy described in
1606 Subsection (3)(a), the argument prepared by the sponsors of the proposed initiative or
1607 referendum, if any;
1608 (c) except as provided in Subsection (2)(d), immediately after the argument described
1609 in Subsection (3)(b), the argument prepared by the county or municipality, if any; and
1610 (d) a copy of the initial fiscal impact statement and legal impact statement described in
1611 Section 20A-7-502.5 or 20A-7-602.5.
1612 (4) (a) A proposition information pamphlet is a draft for purposes of Title 63G,
1613 Chapter 2, Government Records Access and Management Act, until the earlier of when the
1614 election officer:
1615 (i) complies with Subsection (4)(b); or
1616 (ii) publishes the proposition information pamphlet under Subsection (5) or (6).
1617 (b) Within 21 days after the day on which the eligible voter files an application to
1618 circulate an initiative petition under Section 20A-7-502, or an application to circulate a
1619 referendum petition under Section 20A-7-602, the election officer shall provide a copy of the
1620 proposition information pamphlet to the sponsors of the initiative or referendum and each
1621 individual who submitted an argument included in the proposition information pamphlet.
1622 (5) An election officer for a municipality shall publish the proposition information
1623 pamphlet as follows:
1624 (a) within the later of 10 days after the day on which the municipality or a court
1625 determines that the proposed initiative or referendum is legally referable to voters, or, if the
1626 election officer modifies an argument under Subsection (2)(c), three days after the day on
1627 which the election officer and the person that submitted the argument agree on the
1628 modification:
1629 (i) by sending the proposition information pamphlet electronically to each individual in
1630 the municipality for whom the municipality has an email address, unless the individual has
1631 indicated that the municipality is prohibited from using the individual's email address for that
1632 purpose; and
1633 (ii) by posting the proposition information pamphlet on the Utah Public Notice
1634 Website, created in Section 63A-16-601, and the home page of the municipality's website, if
1635 the municipality has a website, until:
1636 (A) if the sponsors of the proposed initiative or referendum or an agent of the sponsors
1637 do not timely deliver any verified initiative packets [
1638 referendum packets under Section [
1639 deadline for delivery of the verified initiative packets or verified referendum packets;
1640 (B) the local clerk determines, under Section 20A-7-507 or 20A-7-607, that the
1641 number of signatures necessary to qualify the proposed initiative or referendum for placement
1642 on the ballot is insufficient and the determination is not timely appealed or is upheld after
1643 appeal; or
1644 (C) the day after the date of the election at which the proposed initiative or referendum
1645 appears on the ballot; and
1646 (b) if the municipality regularly mails a newsletter, utility bill, or other material to the
1647 municipality's residents, including an Internet address, where a resident may view the
1648 proposition information pamphlet, in the next mailing, for which the municipality has not
1649 begun preparation, that falls on or after the later of:
1650 (i) 10 days after the day on which the municipality or a court determines that the
1651 proposed initiative or referendum is legally referable to voters; or
1652 (ii) if the election officer modifies an argument under Subsection (2)(c), three days
1653 after the day on which the election officer and the person that submitted the argument agree on
1654 the modification.
1655 (6) An election officer for a county shall, within the later of 10 days after the day on
1656 which the county or a court determines that the proposed initiative or referendum is legally
1657 referable to voters, or, if the election officer modifies an argument under Subsection (2)(c),
1658 three days after the day on which the election officer and the person that submitted the
1659 argument agree on the modification, publish the proposition information pamphlet as follows:
1660 (a) by sending the proposition information pamphlet electronically to each individual
1661 in the county for whom the county has an email address obtained via voter registration; and
1662 (b) by posting the proposition information pamphlet on the Utah Public Notice
1663 Website, created in Section 63A-16-601, and the home page of the county's website, until:
1664 (i) if the sponsors of the proposed initiative or referendum or an agent of the sponsors
1665 do not timely deliver any verified initiative packets [
1666 referendum packets under Section [
1667 deadline for delivery of the verified initiative packets or verified referendum packets;
1668 (ii) the local clerk determines, under Section 20A-7-507 or 20A-7-607, that the number
1669 of signatures necessary to qualify the proposed initiative or referendum for placement on the
1670 ballot is insufficient and the determination is not timely appealed or is upheld after appeal; or
1671 (iii) the day after the date of the election at which the proposed initiative or referendum
1672 appears on the ballot.
1673 Section 30. Section 20A-7-507 is amended to read:
1674 20A-7-507. Evaluation by the local clerk.
1675 (1) In relation to the manual initiative process, when a local clerk receives an initiative
1676 packet from a county clerk, the local clerk shall record the number of the initiative packet
1677 received.
1678 (2) The county clerk shall:
1679 (a) in relation to the manual initiative process:
1680 (i) post the names, voter identification numbers, and dates of signatures described in
1681 Subsection [
1682 conspicuous location designated by the lieutenant governor, for at least 90 days; and
1683 (ii) update on the local government's website the number of signatures certified as of
1684 the date of the update; or
1685 (b) in relation to the electronic initiative process:
1686 (i) post the names, voter identification numbers, and dates of signatures described in
1687 Subsection 20A-7-516(4) on the lieutenant governor's website, in a conspicuous location
1688 designated by the lieutenant governor, for at least 90 days; and
1689 (ii) update on the local government's website the number of signatures certified as of
1690 the date of the update.
1691 (3) The local clerk:
1692 (a) shall, except as provided in Subsection (3)(b), declare the petition to be sufficient or
1693 insufficient:
1694 (i) in relation to the manual initiative process, no later than 21 days after the day of the
1695 applicable deadline described in Subsection [
1696 (ii) in relation to the electronic initiative process, no later than 21 days after the day of
1697 the applicable deadline described in Subsection 20A-7-516(2); or
1698 (b) may declare the petition to be insufficient before the day described in Subsection
1699 (3)(a) if:
1700 (i) in relation to the manual initiative process, the total of all valid signatures on timely
1701 and lawfully submitted signature packets that have been certified by the county clerks, plus the
1702 number of signatures on timely and lawfully submitted signature packets that have not yet been
1703 evaluated for certification, is less than the number of names required under Section 20A-7-501;
1704 (ii) in relation to the electronic initiative process, the total of all timely and lawfully
1705 submitted valid signatures that have been certified by the county clerks, plus the number of
1706 timely and lawfully submitted valid signatures received under Subsection 20A-21-201(6)(b)
1707 that have not yet been evaluated for certification, is less than the number of names required
1708 under Section 20A-7-501; or
1709 (iii) a requirement of this part has not been met.
1710 (4) (a) If the total number of names certified under Subsection (3) equals or exceeds
1711 the number of names required by Section 20A-7-501 and the requirements of this part are met,
1712 the local clerk shall mark upon the front of the petition the word "sufficient."
1713 (b) If the total number of names certified under Subsection (3) does not equal or
1714 exceed the number of names required by Section 20A-7-501 or a requirement of this part is not
1715 met, the local clerk shall mark upon the front of the petition the word "insufficient."
1716 (c) The local clerk shall immediately notify any one of the sponsors of the local clerk's
1717 finding.
1718 (d) After a petition is declared insufficient, a person may not submit additional
1719 signatures to qualify the petition for the ballot.
1720 (5) If the local clerk finds the total number of certified signatures from each verified
1721 signature sheet to be insufficient, any sponsor may file a written demand with the local clerk
1722 for a recount of the signatures appearing on the initiative petition in the presence of any
1723 sponsor.
1724 (6) A petition determined to be sufficient in accordance with this section is qualified
1725 for the ballot.
1726 Section 31. Section 20A-7-515 is amended to read:
1727 20A-7-515. Electronic initiative process -- Obtaining signatures -- Request to
1728 remove signature.
1729 (1) This section applies to the electronic initiative process.
1730 (2) A Utah voter may sign a local initiative petition if the voter is a legal voter and
1731 resides in the local jurisdiction.
1732 (3) The sponsors shall ensure that the signature-gatherer who collects a signature from
1733 an individual:
1734 (a) verifies that the individual is at least 18 years old and meets the residency
1735 requirements of Section 20A-2-105; and
1736 (b) is informed that each signer is required to read and understand the law proposed by
1737 the initiative.
1738 (4) (a) A voter who [
1739 signature removed from the petition by submitting to the county clerk a statement requesting
1740 that the voter's signature be removed before 5 p.m. no later than the earlier of:
1741 (i) 30 days after the day on which the voter signs the signature removal statement;
1742 (ii) 90 days after the day on which the local clerk posts the voter's name under
1743 Subsection 20A-7-516(4);
1744 (iii) 316 days after the day on which the application is filed; or
1745 (iv) (A) for a county initiative, April 15 immediately before the next regular general
1746 election immediately after the application is filed under Section 20A-7-502; or
1747 (B) for a municipal initiative, April 15 immediately before the next municipal general
1748 election immediately after the application is filed under Section 20A-7-502.
1749 (b) The statement described in Subsection (4)(a) shall include:
1750 (i) the name of the voter;
1751 (ii) the resident address at which the voter is registered to vote;
1752 (iii) the signature of the voter; and
1753 (iv) the date of the signature described in Subsection (4)(b)(iii).
1754 (c) To increase the likelihood of the voter's signature being identified and removed, the
1755 statement described in Subsection (4)(a) may include the voter's birth date or age.
1756 (d) A voter may not submit a signature removal statement described in Subsection
1757 (4)(a) by email or other electronic means, unless the lieutenant governor establishes a signature
1758 removal process that is consistent with the requirements of this section and Section
1759 20A-21-201.
1760 (e) A person may only remove an electronic signature from an initiative petition in
1761 accordance with this section.
1762 (f) A county clerk shall analyze a holographic signature, for purposes of removing an
1763 electronic signature from an initiative petition, in accordance with Section [
1764 20A-7-105.
1765 Section 32. Section 20A-7-607 is amended to read:
1766 20A-7-607. Evaluation by the local clerk -- Determination of election for vote on
1767 referendum.
1768 (1) In relation to the manual referendum process, when the local clerk receives a
1769 referendum packet from a county clerk, the local clerk shall record the number of the
1770 referendum packet received.
1771 (2) The county clerk shall:
1772 (a) in relation to the manual referendum process:
1773 (i) post the names, voter identification numbers, and dates of signatures described in
1774 Subsection [
1775 conspicuous location designated by the lieutenant governor, for at least 45 days; and
1776 (ii) update on the local clerk's website the number of signatures certified as of the date
1777 of the update; or
1778 (b) in relation to the electronic referendum process:
1779 (i) post the names, voter identification numbers, and dates of signatures described in
1780 Subsection 20A-7-616(3) on the lieutenant governor's website, in a conspicuous location
1781 designated by the lieutenant governor, for at least 45 days; and
1782 (ii) update on the lieutenant governor's website the number of signatures certified as of
1783 the date of the update.
1784 (3) The local clerk:
1785 (a) shall, except as provided in Subsection (3)(b), declare the petition to be sufficient or
1786 insufficient:
1787 (i) in relation to the manual referendum process, no later than 111 days after the day of
1788 the deadline, described in Subsection [
1789 referendum packet to the county clerk; or
1790 (ii) in relation to the electronic referendum process, no later than 111 days after the day
1791 of the deadline, described in Subsection 20A-7-616(2), to collect a signature; or
1792 (b) may declare the petition to be insufficient before the day described in Subsection
1793 (3)(a) if:
1794 (i) in relation to the manual referendum process, the total of all valid signatures on
1795 timely and lawfully submitted signature packets that have been certified by the county clerk,
1796 plus the number of signatures on timely and lawfully submitted signature packets that have not
1797 yet been evaluated for certification, is less than the number of names required under Section
1798 20A-7-601;
1799 (ii) in relation to the electronic referendum process, the total of all timely and lawfully
1800 submitted valid signatures that have been certified by the county clerks, plus the number of
1801 timely and lawfully submitted valid signatures received under Subsection 20A-21-201(6)(b)
1802 that have not yet been evaluated for certification, is less than the number of names required
1803 under Section 20A-7-601; or
1804 (iii) a requirement of this part has not been met.
1805 (4) (a) If the total number of names certified under Subsection [
1806 exceeds the number of names required under Section 20A-7-601, and the requirements of this
1807 part are met, the local clerk shall mark upon the front of the petition the word "sufficient";
1808 (b) If the total number of names certified under Subsection (3) does not equal or
1809 exceed the number of names required under Section 20A-7-601 or a requirement of this part is
1810 not met, the local clerk shall mark upon the front of the petition the word "insufficient."
1811 (c) The local clerk shall immediately notify any one of the sponsors of the local clerk's
1812 finding.
1813 (d) After a petition is declared insufficient, a person may not submit additional
1814 signatures to qualify the petition for the ballot.
1815 (5) (a) If the local clerk refuses to accept and file any referendum petition, any voter
1816 may apply to a court for an extraordinary writ to compel the local clerk to do so within 10 days
1817 after the refusal.
1818 (b) If the court determines that the referendum petition is legally sufficient, the local
1819 clerk shall file the petition, with a verified copy of the judgment attached to the petition, as of
1820 the date on which the petition was originally offered for filing in the local clerk's office.
1821 (c) If the court determines that any petition filed is not legally sufficient, the court may
1822 enjoin the local clerk and all other officers from:
1823 (i) certifying or printing the ballot title and numbers of that measure on the official
1824 ballot for the next election; or
1825 (ii) as it relates to a local tax law that is conducted entirely by mail, certifying, printing,
1826 or mailing the ballot title and numbers of that measure under Section 20A-7-609.5.
1827 (6) A petition determined to be sufficient in accordance with this section is qualified
1828 for the ballot.
1829 (7) (a) Except as provided in Subsection (7)(b) or (c), if a referendum relates to
1830 legislative action taken after April 15, the election officer may not place the referendum on an
1831 election ballot until a primary election, a general election, or a special election the following
1832 year.
1833 (b) The election officer may place a referendum described in Subsection (7)(a) on the
1834 ballot for a special, primary, or general election held during the year that the legislative action
1835 was taken if the following agree, in writing, on a timeline to place the referendum on that
1836 ballot:
1837 (i) the local clerk;
1838 (ii) the county clerk; and
1839 (iii) the attorney for the county or municipality that took the legislative action.
1840 (c) For a referendum on a land use law, if, before August 30, the local clerk or a court
1841 determines that the total number of certified names equals or exceeds the number of signatures
1842 required in Section 20A-7-601, the election officer shall place the referendum on the election
1843 ballot for:
1844 (i) the next general election; or
1845 (ii) another election, if the following agree, in writing, on a timeline to place the
1846 referendum on that ballot:
1847 (A) the affected owners, as defined in Section 10-9a-103 or 17-27a-103, as applicable;
1848 (B) the local clerk;
1849 (C) the county clerk; and
1850 (D) the attorney for the county or municipality that took the legislative action.
1851 Section 33. Section 20A-7-613 is amended to read:
1852 20A-7-613. Property tax referendum petition.
1853 (1) As used in this section, "certified tax rate" means the same as that term is defined in
1854 Section 59-2-924.
1855 (2) Except as provided in this section, the requirements of this part apply to a
1856 referendum petition challenging a taxing entity's legislative body's vote to impose a tax rate that
1857 exceeds the certified tax rate.
1858 (3) Notwithstanding Subsection [
1859 an agent of the sponsors shall deliver a signed and verified referendum packet to the county
1860 clerk of the county in which the packet was circulated before 5 p.m. no later than the earlier of:
1861 (a) 30 days after the day on which the first individual signs the packet; or
1862 (b) 40 days after the day on which the local clerk complies with Subsection
1863 20A-7-604(3).
1864 (4) Notwithstanding Subsections [
1865 county clerk shall take the actions required in Subsections [
1866 20A-7-105(6)(a) and (11) within 10 working days after the day on which the county clerk
1867 receives the signed and verified referendum packet as described in Subsection (3).
1868 (5) The local clerk shall take the actions required by Section 20A-7-607 within two
1869 working days after:
1870 (a) in relation to the manual referendum process, the day on which the local clerk
1871 receives the referendum packets from the county clerk; or
1872 (b) in relation to the electronic referendum process, the deadline described in
1873 Subsection 20A-7-616(2).
1874 (6) Notwithstanding Subsection 20A-7-608(2), the local attorney shall prepare the
1875 ballot title within two working days after the day on which the referendum petition is declared
1876 sufficient for submission to a vote of the people.
1877 (7) Notwithstanding Subsection 20A-7-609(2)(c), a referendum that qualifies for the
1878 ballot under this section shall appear on the ballot for the earlier of the next regular general
1879 election or the next municipal general election unless a special election is called.
1880 (8) The election officer shall mail manual ballots on a referendum under this section
1881 the later of:
1882 (a) the time provided in Section 20A-3a-202 or 20A-16-403; or
1883 (b) the time that ballots are prepared for mailing under this section.
1884 (9) Section 20A-7-402 does not apply to a referendum described in this section.
1885 (10) (a) If a majority of voters does not vote against imposing the tax at a rate
1886 calculated to generate the increased revenue budgeted, adopted, and approved by the taxing
1887 entity's legislative body:
1888 (i) the certified tax rate for the fiscal year during which the referendum petition is filed
1889 is its most recent certified tax rate; and
1890 (ii) the proposed increased revenues for purposes of establishing the certified tax rate
1891 for the fiscal year after the fiscal year described in Subsection (10)(a)(i) are the proposed
1892 increased revenues budgeted, adopted, and approved by the taxing entity's legislative body
1893 before the filing of the referendum petition.
1894 (b) If a majority of voters votes against imposing a tax at the rate established by the
1895 vote of the taxing entity's legislative body, the certified tax rate for the taxing entity is the
1896 taxing entity's most recent certified tax rate.
1897 (c) If the tax rate is set in accordance with Subsection (10)(a)(ii), a taxing entity is not
1898 required to comply with the notice and public hearing requirements of Section 59-2-919 if the
1899 taxing entity complies with those notice and public hearing requirements before the referendum
1900 petition is filed.
1901 (11) The ballot title shall, at a minimum, include in substantially this form the
1902 following: "Shall the [name of the taxing entity] be authorized to levy a tax rate in the amount
1903 sufficient to generate an increased property tax revenue of [amount] for fiscal year [year] as
1904 budgeted, adopted, and approved by the [name of the taxing entity].".
1905 (12) A taxing entity shall pay the county the costs incurred by the county that are
1906 directly related to meeting the requirements of this section and that the county would not have
1907 incurred but for compliance with this section.
1908 (13) (a) An election officer shall include on a ballot a referendum that has not yet
1909 qualified for placement on the ballot, if:
1910 (i) sponsors file an application for a referendum described in this section;
1911 (ii) the ballot will be used for the election for which the sponsors are attempting to
1912 qualify the referendum; and
1913 (iii) the deadline for qualifying the referendum for placement on the ballot occurs after
1914 the day on which the ballot will be printed.
1915 (b) If an election officer includes on a ballot a referendum described in Subsection
1916 (13)(a), the ballot title shall comply with Subsection (11).
1917 (c) If an election officer includes on a ballot a referendum described in Subsection
1918 (13)(a) that does not qualify for placement on the ballot, the election officer shall inform the
1919 voters by any practicable method that the referendum has not qualified for the ballot and that
1920 votes cast in relation to the referendum will not be counted.
1921 Section 34. Section 20A-7-615 is amended to read:
1922 20A-7-615. Electronic referendum process -- Obtaining signatures -- Request to
1923 remove signature.
1924 (1) This section applies to the electronic referendum process described in Section
1925 20A-21-201.
1926 (2) A Utah voter may sign a local referendum petition if the voter is a legal voter and
1927 resides in the local jurisdiction.
1928 (3) The sponsors shall ensure that the signature-gatherer who collects a signature from
1929 an individual:
1930 (a) verifies that the individual is at least 18 years old and meets the residency
1931 requirements of Section 20A-2-105; and
1932 (b) is informed that each signer is required to read and understand the law that is the
1933 subject of the referendum petition.
1934 (4) (a) A voter who [
1935 signature removed from the petition by submitting to the county clerk a statement requesting
1936 that the voter's signature be removed before 5 p.m. no later than the earlier of:
1937 (i) 30 days after the day on which the voter signs the statement requesting removal; or
1938 (ii) 45 days after the day on which the local clerk posts the voter's name under
1939 Subsection 20A-7-616(3).
1940 (b) The statement described in Subsection (4)(a) shall include:
1941 (i) the name of the voter;
1942 (ii) the resident address at which the voter is registered to vote;
1943 (iii) the signature of the voter; and
1944 (iv) the date of the signature described in Subsection (4)(b)(iii).
1945 (c) To increase the likelihood of the voter's signature being identified and removed, the
1946 statement described in Subsection (4)(a) may include the voter's birth date or age.
1947 (d) A voter may not submit a signature removal statement described in Subsection
1948 (4)(a) by email or other electronic means, unless the lieutenant governor establishes a signature
1949 removal process that is consistent with the requirements of this section and Section
1950 20A-21-201.
1951 (e) A person may only remove an electronic signature from an initiative petition in
1952 accordance with this section.
1953 (f) A county clerk shall analyze a holographic signature, for purposes of removing an
1954 electronic signature from a referendum petition, in accordance with Section [
1955 20A-7-105.
1956 Section 35. Section 20A-8-103 is amended to read:
1957 20A-8-103. Petition procedures -- Criminal penalty -- Removal of signature.
1958 (1) As used in this section, the proposed name or emblem of a registered political party
1959 is "distinguishable" if a reasonable person of average intelligence will be able to perceive a
1960 difference between the proposed name or emblem and any name or emblem currently being
1961 used by another registered political party.
1962 (2) To become a registered political party, an organization of registered voters that is
1963 not a continuing political party shall:
1964 (a) circulate a petition seeking registered political party status beginning no earlier than
1965 the date of the statewide canvass held after the last regular general election and ending before 5
1966 p.m. no later than November 30 of the year before the year in which the next regular general
1967 election will be held;
1968 (b) file a petition with the lieutenant governor that is signed, with a holographic
1969 signature, by at least 2,000 registered voters before 5 p.m. no later than November 30 of the
1970 year in which a regular general election will be held; and
1971 (c) file, with the petition described in Subsection (2)(b), a document certifying:
1972 (i) the identity of one or more registered political parties whose members may vote for
1973 the organization's candidates;
1974 (ii) whether unaffiliated voters may vote for the organization's candidates; and
1975 (iii) whether, for the next election, the organization intends to nominate the
1976 organization's candidates in accordance with the provisions of Section 20A-9-406.
1977 (3) The petition shall:
1978 (a) be on sheets of paper 8-1/2 inches long and 11 inches wide;
1979 (b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
1980 blank for the purpose of binding;
1981 (c) contain the name of the political party and the words "Political Party Registration
1982 Petition" printed directly below the horizontal line;
1983 (d) contain the word "Warning" printed directly under the words described in
1984 Subsection (3)(c);
1985 (e) contain, to the right of the word "Warning," the following statement printed in not
1986 less than eight-point, single leaded type:
1987 "It is a class A misdemeanor for anyone to knowingly sign a political party registration
1988 petition signature sheet with any name other than the individual's own name or more than once
1989 for the same party or if the individual is not registered to vote in this state and does not intend
1990 to become registered to vote in this state before the petition is submitted to the lieutenant
1991 governor.";
1992 (f) contain the following statement directly under the statement described in Subsection
1993 (3)(e):
1994 "POLITICAL PARTY REGISTRATION PETITION To the Honorable ____,
1995 Lieutenant Governor:
1996 We, the undersigned citizens of Utah, seek registered political party status for ____
1997 (name);
1998 Each signer says:
1999 I have personally signed this petition with a holographic signature;
2000 I am registered to vote in Utah or will register to vote in Utah before the petition is
2001 submitted to the lieutenant governor;
2002 I am or desire to become a member of the political party; and
2003 My street address is written correctly after my name.";
2004 (g) be vertically divided into columns as follows:
2005 (i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
2006 headed with "For Office Use Only," and be subdivided with a light vertical line down the
2007 middle;
2008 (ii) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
2009 Name (must be legible to be counted)";
2010 (iii) the next column shall be 2-1/2 inches wide, headed "Holographic Signature of
2011 Registered Voter";
2012 (iv) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
2013 (v) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
2014 Code"; and
2015 (vi) at the bottom of the sheet, contain the following statement: "Birth date or age
2016 information is not required, but it may be used to verify your identity with voter registration
2017 records. If you choose not to provide it, your signature may not be certified as a valid signature
2018 if you change your address before petition signatures are certified or if the information you
2019 provide does not match your voter registration records.";
2020 (h) have a final page bound to one or more signature sheets that are bound together that
2021 contains the following printed statement:
2022 "Verification
2023 State of Utah, County of ____
2024 I, _______________, of ____, hereby state that:
2025 I am a Utah resident and am at least 18 years old;
2026 All the names that appear on the signature sheets bound to this page were signed by
2027 individuals who professed to be the individuals whose names appear on the signature sheets,
2028 and each individual signed the individual's name on the signature sheets in my presence;
2029 I believe that each individual has printed and signed the individual's name and written
2030 the individual's street address correctly, and that each individual is registered to vote in Utah or
2031 will register to vote in Utah before the petition is submitted to the lieutenant governor.
2032 ______________________________________________________________________
2033 (Signature) (Residence Address) (Date)"; and
2034 (i) be bound to a cover sheet that:
2035 (i) identifies the political party's name, which may not exceed four words, and the
2036 emblem of the party;
2037 (ii) states the process that the organization will follow to organize and adopt a
2038 constitution and bylaws; and
2039 (iii) is signed by a filing officer, who agrees to receive communications on behalf of
2040 the organization.
2041 (4) The filing officer described in Subsection (3)(i)(iii) shall ensure that the individual
2042 in whose presence each signature sheet is signed:
2043 (a) is at least 18 years old;
2044 (b) meets the residency requirements of Section 20A-2-105; and
2045 (c) verifies each signature sheet by completing the verification bound to one or more
2046 signature sheets that are bound together.
2047 (5) An individual may not sign the verification if the individual signed a signature
2048 sheet bound to the verification.
2049 (6) The lieutenant governor shall:
2050 (a) [
2051 procedures described in Section 20A-7-105 to determine whether a signer is a registered voter;
2052 (b) review the proposed name and emblem to determine if they are "distinguishable"
2053 from the names and emblems of other registered political parties; and
2054 (c) certify the lieutenant governor's findings to the filing officer described in
2055 Subsection (3)(i)(iii) within 30 days of the filing of the petition.
2056 (7) (a) If the lieutenant governor determines that the petition meets the requirements of
2057 this section, and that the proposed name and emblem are distinguishable, the lieutenant
2058 governor shall authorize the filing officer described in Subsection (3)(i)(iii) to organize the
2059 prospective political party.
2060 (b) If the lieutenant governor finds that the name, emblem, or both are not
2061 distinguishable from the names and emblems of other registered political parties, the lieutenant
2062 governor shall notify the filing officer that the filing officer has seven days to submit a new
2063 name or emblem to the lieutenant governor.
2064 (8) A registered political party may not change its name or emblem during the regular
2065 general election cycle.
2066 (9) (a) It is unlawful for an individual to:
2067 (i) knowingly sign a political party registration petition:
2068 (A) with any name other than the individual's own name;
2069 (B) more than once for the same political party; or
2070 (C) if the individual is not registered to vote in this state and does not intend to become
2071 registered to vote in this state before the petition is submitted to the lieutenant governor; or
2072 (ii) sign the verification of a political party registration petition signature sheet if the
2073 individual:
2074 (A) does not meet the residency requirements of Section 20A-2-105;
2075 (B) has not witnessed the signing by those individuals whose names appear on the
2076 political party registration petition signature sheet; or
2077 (C) knows that an individual whose signature appears on the political party registration
2078 petition signature sheet is not registered to vote in this state and does not intend to become
2079 registered to vote in this state.
2080 (b) An individual who violates this Subsection (9) is guilty of a class A misdemeanor.
2081 (10) (a) A voter who signs a petition under this section may have the voter's signature
2082 removed from the petition by, no later than three business days after the day on which the
2083 petition is filed with the lieutenant governor, submitting to the lieutenant governor a statement
2084 requesting that the voter's signature be removed.
2085 (b) A statement described in Subsection (10)(a) shall comply with the requirements
2086 described in Subsection 20A-7-105(9)(e).
2087 (c) A voter may not submit a statement described in Subsection 10(a) by email or other
2088 electronic means.
2089 (d) The lieutenant governor shall use the procedures described in Section 20A-7-105 to
2090 determine whether to remove an individual's signature from a petition after receiving a timely,
2091 valid statement requesting removal of the signature.
2092 Section 36. Section 20A-9-203 is amended to read:
2093 20A-9-203. Declarations of candidacy -- Municipal general elections --
2094 Nomination petition -- Removal of signature.
2095 (1) An individual may become a candidate for any municipal office if:
2096 (a) the individual is a registered voter; and
2097 (b) (i) the individual has resided within the municipality in which the individual seeks
2098 to hold elective office for the 12 consecutive months immediately before the date of the
2099 election; or
2100 (ii) the territory in which the individual resides was annexed into the municipality, the
2101 individual has resided within the annexed territory or the municipality the 12 consecutive
2102 months immediately before the date of the election.
2103 (2) (a) For purposes of determining whether an individual meets the residency
2104 requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than 12 months
2105 before the election, the municipality is considered to have been incorporated 12 months before
2106 the date of the election.
2107 (b) In addition to the requirements of Subsection (1), each candidate for a municipal
2108 council position shall, if elected from a district, be a resident of the council district from which
2109 the candidate is elected.
2110 (c) In accordance with Utah Constitution, Article IV, Section 6, a mentally incompetent
2111 individual, an individual convicted of a felony, or an individual convicted of treason or a crime
2112 against the elective franchise may not hold office in this state until the right to hold elective
2113 office is restored under Section 20A-2-101.3 or 20A-2-101.5.
2114 (3) (a) An individual seeking to become a candidate for a municipal office shall,
2115 regardless of the nomination method by which the individual is seeking to become a candidate:
2116 (i) except as provided in Subsection (3)(b) or [
2117 Alternate Voting Methods Pilot Project, and subject to Subsection 20A-9-404(3)(e), file a
2118 declaration of candidacy, in person with the city recorder or town clerk, during the office hours
2119 described in Section 10-3-301 and not later than the close of those office hours, between June 1
2120 and June 7 of any odd-numbered year; and
2121 (ii) pay the filing fee, if one is required by municipal ordinance.
2122 (b) Subject to Subsection (5)(b), an individual may designate an agent to file a
2123 declaration of candidacy with the city recorder or town clerk if:
2124 (i) the individual is located outside of the state during the entire filing period;
2125 (ii) the designated agent appears in person before the city recorder or town clerk;
2126 (iii) the individual communicates with the city recorder or town clerk using an
2127 electronic device that allows the individual and city recorder or town clerk to see and hear each
2128 other; and
2129 (iv) the individual provides the city recorder or town clerk with an email address to
2130 which the city recorder or town clerk may send the individual the copies described in
2131 Subsection (4).
2132 (c) Any resident of a municipality may nominate a candidate for a municipal office by:
2133 (i) except as provided in [
2134 Methods Pilot Project, filing a nomination petition with the city recorder or town clerk during
2135 the office hours described in Section 10-3-301 and not later than the close of those office
2136 hours, between June 1 and June 7 of any odd-numbered year that includes signatures in support
2137 of the nomination petition of the lesser of at least:
2138 (A) 25 registered voters who reside in the municipality; or
2139 (B) 20% of the registered voters who reside in the municipality; and
2140 (ii) paying the filing fee, if one is required by municipal ordinance.
2141 (4) (a) Before the filing officer may accept any declaration of candidacy or nomination
2142 petition, the filing officer shall:
2143 (i) read to the prospective candidate or individual filing the petition the constitutional
2144 and statutory qualification requirements for the office that the candidate is seeking;
2145 (ii) require the candidate or individual filing the petition to state whether the candidate
2146 meets the requirements described in Subsection (4)(a)(i); and
2147 (iii) inform the candidate or the individual filing the petition that an individual who
2148 holds a municipal elected office may not, at the same time, hold a county elected office.
2149 (b) If the prospective candidate does not meet the qualification requirements for the
2150 office, the filing officer may not accept the declaration of candidacy or nomination petition.
2151 (c) If it appears that the prospective candidate meets the requirements of candidacy, the
2152 filing officer shall:
2153 (i) inform the candidate that the candidate's name will appear on the ballot as it is
2154 written on the declaration of candidacy;
2155 (ii) provide the candidate with a copy of the current campaign financial disclosure laws
2156 for the office the candidate is seeking and inform the candidate that failure to comply will
2157 result in disqualification as a candidate and removal of the candidate's name from the ballot;
2158 (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
2159 Electronic Voter Information Website Program and inform the candidate of the submission
2160 deadline under Subsection 20A-7-801(4)(a);
2161 (iv) provide the candidate with a copy of the pledge of fair campaign practices
2162 described under Section 20A-9-206 and inform the candidate that:
2163 (A) signing the pledge is voluntary; and
2164 (B) signed pledges shall be filed with the filing officer; and
2165 (v) accept the declaration of candidacy or nomination petition.
2166 (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
2167 officer shall:
2168 (i) accept the candidate's pledge; and
2169 (ii) if the candidate has filed for a partisan office, provide a certified copy of the
2170 candidate's pledge to the chair of the county or state political party of which the candidate is a
2171 member.
2172 (5) (a) The declaration of candidacy shall be in substantially the following form:
2173 "I, (print name) ____, being first sworn and under penalty of perjury, say that I reside at
2174 ____ Street, City of ____, County of ____, state of Utah, Zip Code ____, Telephone Number
2175 (if any) ____; that I am a registered voter; and that I am a candidate for the office of ____
2176 (stating the term). I will meet the legal qualifications required of candidates for this office. If
2177 filing via a designated agent, I attest that I will be out of the state of Utah during the entire
2178 candidate filing period. I will file all campaign financial disclosure reports as required by law
2179 and I understand that failure to do so will result in my disqualification as a candidate for this
2180 office and removal of my name from the ballot. I request that my name be printed upon the
2181 applicable official ballots. (Signed) _______________
2182 Subscribed and sworn to (or affirmed) before me by ____ on this
2183 __________(month\day\year).
2184 (Signed) _______________ (Clerk or other officer qualified to administer oath)."
2185 (b) An agent designated under Subsection (3)(b) to file a declaration of candidacy may
2186 not sign the form described in Subsection (5)(a).
2187 (c) (i) A nomination petition shall be in substantially the following form:
2188 "NOMINATION PETITION
2189 The undersigned residents of (name of municipality), being registered voters, nominate
2190 (name of nominee) for the office of (name of office) for the (length of term of office)."
2191 (ii) The remainder of the petition shall contain lines and columns for the signatures of
2192 individuals signing the petition and each individual's address and phone number.
2193 (6) If the declaration of candidacy or nomination petition fails to state whether the
2194 nomination is for the two-year or four-year term, the clerk shall consider the nomination to be
2195 for the four-year term.
2196 (7) (a) (i) The clerk shall verify with the county clerk that all candidates are registered
2197 voters.
2198 [
2199
2200 (b) With the assistance of the county clerk, and using the procedures described in
2201 Section 20A-7-105, the municipal clerk shall determine whether the required number of
2202 signatures of registered voters appears on a nomination petition.
2203 (8) Immediately after expiration of the period for filing a declaration of candidacy, the
2204 clerk shall:
2205 (a) publicize a list of the names of the candidates as they will appear on the ballot:
2206 (i) (A) by publishing the list in at least two successive publications of a newspaper of
2207 general circulation in the municipality;
2208 (B) by posting one copy of the list, and at least one additional copy of the list per 2,000
2209 population of the municipality, in places within the municipality that are most likely to give
2210 notice to the voters in the municipality, subject to a maximum of 10 lists; or
2211 (C) by mailing the list to each registered voter in the municipality;
2212 (ii) by posting the list on the Utah Public Notice Website, created in Section
2213 63A-16-601, for seven days; and
2214 (iii) if the municipality has a website, by posting the list on the municipality's website
2215 for seven days; and
2216 (b) notify the lieutenant governor of the names of the candidates as they will appear on
2217 the ballot.
2218 (9) Except as provided in Subsection (10)(c), an individual may not amend a
2219 declaration of candidacy or nomination petition filed under this section after the candidate
2220 filing period ends.
2221 (10) (a) A declaration of candidacy or nomination petition that an individual files under
2222 this section is valid unless a person files a written objection with the clerk before 5 p.m. within
2223 10 days after the last day for filing.
2224 (b) If a person files an objection, the clerk shall:
2225 (i) mail or personally deliver notice of the objection to the affected candidate
2226 immediately; and
2227 (ii) decide any objection within 48 hours after the objection is filed.
2228 (c) If the clerk sustains the objection, the candidate may, before 5 p.m. within three
2229 days after the day on which the clerk sustains the objection, correct the problem for which the
2230 objection is sustained by amending the candidate's declaration of candidacy or nomination
2231 petition, or by filing a new declaration of candidacy.
2232 (d) (i) The clerk's decision upon objections to form is final.
2233 (ii) The clerk's decision upon substantive matters is reviewable by a district court if
2234 prompt application is made to the district court.
2235 (iii) The decision of the district court is final unless the Supreme Court, in the exercise
2236 of its discretion, agrees to review the lower court decision.
2237 (11) A candidate who qualifies for the ballot under this section may withdraw as a
2238 candidate by filing a written affidavit with the municipal clerk.
2239 (12) (a) A voter who signs a nomination petition under this section may have the
2240 voter's signature removed from the petition by, no later than three business days after the day
2241 on which the petition is filed with the city recorder or municipal clerk, submitting to the
2242 municipal clerk a statement requesting that the voter's signature be removed.
2243 (b) A statement described in Subsection (12)(a) shall comply with the requirements
2244 described in Subsection 20A-7-105(9)(e).
2245 (c) A voter may not submit a statement described in Subsection (12)(a) by email or
2246 other electronic means.
2247 (d) With the assistance of the county clerk and using the procedures described in
2248 Section 20A-7-105, the municipal clerk shall determine whether to remove an individual's
2249 signature from a petition after receiving a timely, valid statement requesting removal of the
2250 signature.
2251 Section 37. Section 20A-9-403 is amended to read:
2252 20A-9-403. Regular primary elections.
2253 (1) (a) Candidates for elective office that are to be filled at the next regular general
2254 election shall be nominated in a regular primary election by direct vote of the people in the
2255 manner prescribed in this section. The regular primary election is held on the date specified in
2256 Section 20A-1-201.5. Nothing in this section shall affect a candidate's ability to qualify for a
2257 regular general election's ballot as an unaffiliated candidate under Section 20A-9-501 or to
2258 participate in a regular general election as a write-in candidate under Section 20A-9-601.
2259 (b) Each registered political party that chooses to have the names of the registered
2260 political party's candidates for elective office featured with party affiliation on the ballot at a
2261 regular general election shall comply with the requirements of this section and shall nominate
2262 the registered political party's candidates for elective office in the manner described in this
2263 section.
2264 (c) A filing officer may not permit an official ballot at a regular general election to be
2265 produced or used if the ballot denotes affiliation between a registered political party or any
2266 other political group and a candidate for elective office who is not nominated in the manner
2267 prescribed in this section or in Subsection 20A-9-202(4).
2268 (d) Unless noted otherwise, the dates in this section refer to those that occur in each
2269 even-numbered year in which a regular general election will be held.
2270 (2) (a) Each registered political party, in a statement filed with the lieutenant governor,
2271 shall:
2272 (i) either declare the registered political party's intent to participate in the next regular
2273 primary election or declare that the registered political party chooses not to have the names of
2274 the registered political party's candidates for elective office featured on the ballot at the next
2275 regular general election; and
2276 (ii) if the registered political party participates in the upcoming regular primary
2277 election, identify one or more registered political parties whose members may vote for the
2278 registered political party's candidates and whether individuals identified as unaffiliated with a
2279 political party may vote for the registered political party's candidates.
2280 (b) (i) A registered political party that is a continuing political party shall file the
2281 statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
2282 November 30 of each odd-numbered year.
2283 (ii) An organization that is seeking to become a registered political party under Section
2284 20A-8-103 shall file the statement described in Subsection (2)(a) at the time that the registered
2285 political party files the petition described in Section 20A-8-103.
2286 (3) (a) Except as provided in Subsection (3)(e), an individual who submits a
2287 declaration of candidacy under Section 20A-9-202 shall appear as a candidate for elective
2288 office on the regular primary ballot of the registered political party listed on the declaration of
2289 candidacy only if the individual is certified by the appropriate filing officer as having submitted
2290 a nomination petition that was:
2291 (i) circulated and completed in accordance with Section 20A-9-405; and
2292 (ii) signed by at least 2% of the registered political party's members who reside in the
2293 political division of the office that the individual seeks.
2294 (b) (i) A candidate for elective office shall submit signatures for a nomination petition
2295 to the appropriate filing officer for verification and certification no later than 5 p.m. on the final
2296 day in March.
2297 (ii) A candidate may supplement the candidate's submissions at any time on or before
2298 the filing deadline.
2299 (c) (i) The lieutenant governor shall determine for each elective office the total number
2300 of signatures that must be submitted under Subsection (3)(a)(ii) or 20A-9-408(8) by counting
2301 the aggregate number of individuals residing in each elective office's political division who
2302 have designated a particular registered political party on the individuals' voter registration
2303 forms on or before November 15 of each odd-numbered year.
2304 (ii) The lieutenant governor shall publish the determination for each elective office no
2305 later than November 30 of each odd-numbered year.
2306 (d) The filing officer shall:
2307 (i) except as otherwise provided in Section 20A-21-201, verify signatures on
2308 nomination petitions in a transparent and orderly manner, no later than 14 days after the day on
2309 which a candidate submits the signatures to the filing officer;
2310 (ii) for all qualifying candidates for elective office who submit nomination petitions to
2311 the filing officer, issue certifications referenced in Subsection (3)(a) no later than the deadline
2312 described in Subsection 20A-9-202(1)(b);
2313 (iii) consider active and inactive voters eligible to sign nomination petitions;
2314 (iv) consider an individual who signs a nomination petition a member of a registered
2315 political party for purposes of Subsection (3)(a)(ii) if the individual has designated that
2316 registered political party as the individual's party membership on the individual's voter
2317 registration form; and
2318 (v) except as otherwise provided in Section 20A-21-201[
2319 assistance of the county clerk as applicable, use the procedures described in Section
2320 [
2321 sampling procedures to verify submitted nomination petition signatures in accordance with
2322 rules made under Subsection (3)(f).
2323 (e) Notwithstanding any other provision in this Subsection (3), a candidate for
2324 lieutenant governor may appear on the regular primary ballot of a registered political party
2325 without submitting nomination petitions if the candidate files a declaration of candidacy and
2326 complies with Subsection 20A-9-202(3).
2327 (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2328 director of elections, within the Office of the Lieutenant Governor, may make rules that:
2329 (i) provide for the use of statistical sampling procedures that:
2330 (A) filing officers are required to use to verify signatures under Subsection (3)(d); and
2331 (B) reflect a bona fide effort to determine the validity of a candidate's entire
2332 submission, using widely recognized statistical sampling techniques; and
2333 (ii) provide for the transparent, orderly, and timely submission, verification, and
2334 certification of nomination petition signatures.
2335 (g) The county clerk shall:
2336 (i) review the declarations of candidacy filed by candidates for local boards of
2337 education to determine if more than two candidates have filed for the same seat;
2338 (ii) place the names of all candidates who have filed a declaration of candidacy for a
2339 local board of education seat on the nonpartisan section of the ballot if more than two
2340 candidates have filed for the same seat; and
2341 (iii) determine the order of the local board of education candidates' names on the ballot
2342 in accordance with Section 20A-6-305.
2343 (4) (a) Before the deadline described in Subsection 20A-9-409(4)(c), the lieutenant
2344 governor shall provide to the county clerks:
2345 (i) a list of the names of all candidates for federal, constitutional, multi-county, single
2346 county, and county offices who have received certifications under Subsection (3), along with
2347 instructions on how those names shall appear on the primary election ballot in accordance with
2348 Section 20A-6-305; and
2349 (ii) a list of unopposed candidates for elective office who have been nominated by a
2350 registered political party under Subsection (5)(c) and instruct the county clerks to exclude the
2351 unopposed candidates from the primary election ballot.
2352 (b) A candidate for lieutenant governor and a candidate for governor campaigning as
2353 joint-ticket running mates shall appear jointly on the primary election ballot.
2354 (c) After the county clerk receives the certified list from the lieutenant governor under
2355 Subsection (4)(a), the county clerk shall post or publish a primary election notice in
2356 substantially the following form:
2357 "Notice is given that a primary election will be held Tuesday, June ____,
2358 ________(year), to nominate party candidates for the parties and candidates for nonpartisan
2359 local school board positions listed on the primary ballot. The polling place for voting precinct
2360 ____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
2361 Attest: county clerk."
2362 (5) (a) A candidate who, at the regular primary election, receives the highest number of
2363 votes cast for the office sought by the candidate is:
2364 (i) nominated for that office by the candidate's registered political party; or
2365 (ii) for a nonpartisan local school board position, nominated for that office.
2366 (b) If two or more candidates are to be elected to the office at the regular general
2367 election, those party candidates equal in number to positions to be filled who receive the
2368 highest number of votes at the regular primary election are the nominees of the candidates'
2369 party for those positions.
2370 (c) (i) As used in this Subsection (5)(c), a candidate is "unopposed" if:
2371 (A) no individual other than the candidate receives a certification under Subsection (3)
2372 for the regular primary election ballot of the candidate's registered political party for a
2373 particular elective office; or
2374 (B) for an office where more than one individual is to be elected or nominated, the
2375 number of candidates who receive certification under Subsection (3) for the regular primary
2376 election of the candidate's registered political party does not exceed the total number of
2377 candidates to be elected or nominated for that office.
2378 (ii) A candidate who is unopposed for an elective office in the regular primary election
2379 of a registered political party is nominated by the party for that office without appearing on the
2380 primary election ballot.
2381 (6) (a) When a tie vote occurs in any primary election for any national, state, or other
2382 office that represents more than one county, the governor, lieutenant governor, and attorney
2383 general shall, at a public meeting called by the governor and in the presence of the candidates
2384 involved, select the nominee by lot cast in whatever manner the governor determines.
2385 (b) When a tie vote occurs in any primary election for any county office, the district
2386 court judges of the district in which the county is located shall, at a public meeting called by
2387 the judges and in the presence of the candidates involved, select the nominee by lot cast in
2388 whatever manner the judges determine.
2389 (7) The expense of providing all ballots, blanks, or other supplies to be used at any
2390 primary election provided for by this section, and all expenses necessarily incurred in the
2391 preparation for or the conduct of that primary election shall be paid out of the treasury of the
2392 county or state, in the same manner as for the regular general elections.
2393 (8) An individual may not file a declaration of candidacy for a registered political party
2394 of which the individual is not a member, except to the extent that the registered political party
2395 permits otherwise under the registered political party's bylaws.
2396 Section 38. Section 20A-9-404 is amended to read:
2397 20A-9-404. Municipal primary elections.
2398 (1) (a) Except as otherwise provided in this section or Chapter 4, Part 6, Municipal
2399 Alternate Voting Methods Pilot Project, candidates for municipal office in all municipalities
2400 shall be nominated at a municipal primary election.
2401 (b) Municipal primary elections shall be held:
2402 (i) consistent with Section 20A-1-201.5, on the second Tuesday following the first
2403 Monday in the August before the regular municipal election; and
2404 (ii) whenever possible, at the same polling places as the regular municipal election.
2405 (2) Except as otherwise provided in Chapter 4, Part 6, Municipal Alternate Voting
2406 Methods Pilot Project, if the number of candidates for a particular municipal office does not
2407 exceed twice the number of individuals needed to fill that office, a primary election for that
2408 office may not be held and the candidates are considered nominated.
2409 (3) (a) For purposes of this Subsection (3), "convention" means an organized assembly
2410 of voters or delegates.
2411 (b) (i) By ordinance adopted before the May 1 that falls before a regular municipal
2412 election, any third, fourth, or fifth class city or town may exempt itself from a primary election
2413 by providing that the nomination of candidates for municipal office to be voted upon at a
2414 municipal election be nominated by a municipal party convention or committee.
2415 (ii) The municipal party convention or committee described in Subsection (3)(b)(i)
2416 shall be held on or before May 30 of an odd-numbered year.
2417 (iii) Any primary election exemption ordinance adopted under this Subsection (3)
2418 remains in effect until repealed by ordinance.
2419 (c) (i) A convention or committee may not nominate more than one candidate for each
2420 of the municipal offices to be voted upon at the municipal election.
2421 (ii) A convention or committee may not nominate an individual who has accepted the
2422 nomination of a different convention or committee.
2423 (iii) A municipal party may not have more than one group of candidates placed upon
2424 the ballot and may not group the same candidates on different tickets by the same party under a
2425 different name or emblem.
2426 (d) (i) On or before May 31 of an odd-numbered year, a convention or committee shall
2427 prepare and submit to the filing officer a certificate of nomination for each individual
2428 nominated.
2429 (ii) The certificate of nomination shall:
2430 (A) contain the name of the office for which each individual is nominated, the name,
2431 post office address, and, if in a city, the street number of residence and place of business, if
2432 any, of each individual nominated;
2433 (B) designate in not more than five words the party that the convention or committee
2434 represents;
2435 (C) contain a copy of the resolution passed at the convention that authorized the
2436 committee to make the nomination;
2437 (D) contain a statement certifying that the name of the candidate nominated by the
2438 political party will not appear on the ballot as a candidate for any other political party;
2439 (E) be signed by the presiding officer and secretary of the convention or committee;
2440 and
2441 (F) contain a statement identifying the residence and post office address of the
2442 presiding officer and secretary and certifying that the presiding officer and secretary were
2443 officers of the convention or committee and that the certificates are true to the best of their
2444 knowledge and belief.
2445 (iii) A candidate nominated by a municipal party convention or committee shall file a
2446 declaration with the filing officer in accordance with Subsection 20A-9-203(3) that includes:
2447 (A) the name of the municipal party or convention that nominated the candidate; and
2448 (B) the office for which the convention or committee nominated the candidate.
2449 (e) A committee appointed at a convention, if authorized by an enabling resolution,
2450 may also make nominations or fill vacancies in nominations made at a convention if the
2451 committee makes the nomination before the deadline for a write-in candidate to file a
2452 declaration of candidacy under Section 20A-9-601.
2453 (f) The election ballot shall substantially comply with the form prescribed in Chapter 6,
2454 Part 4, Ballot Form Requirements for Municipal Elections, but the party name shall be included
2455 with the candidate's name.
2456 (4) (a) Any third, fourth, or fifth class city or a town may adopt an ordinance before the
2457 May 1 that falls before the regular municipal election that:
2458 (i) exempts the city or town from the other methods of nominating candidates to
2459 municipal office provided in this section; and
2460 (ii) provides for a municipal partisan convention method of nominating candidates as
2461 provided in this Subsection (4).
2462 (b) (i) Any party that was a registered political party at the last regular general election
2463 or regular municipal election is a municipal political party under this section.
2464 (ii) Any political party may qualify as a municipal political party by presenting a
2465 petition to the city recorder that:
2466 (A) is signed, with a holographic signature, by registered voters within the municipality
2467 equal to at least 20% of the number of votes cast for all candidates for mayor in the last
2468 municipal election at which a mayor was elected;
2469 (B) is filed with the city recorder or town clerk before 5 p.m. no later than the day
2470 before the day on which the municipal party holds a convention to nominate a candidate under
2471 this Subsection (4);
2472 (C) is substantially similar to the form of the signature sheets described in Section
2473 20A-7-303; and
2474 (D) contains the name of the municipal political party using not more than five words.
2475 (iii) With the assistance of the county clerk, the city recorder or town clerk shall use the
2476 procedures described in Section 20A-7-105 to determine whether each signer is a registered
2477 voter who is qualified to sign the petition.
2478 (c) (i) If the number of candidates for a particular office does not exceed twice the
2479 number of offices to be filled at the regular municipal election, no primary election for that
2480 office shall be held and the candidates are considered to be nominated.
2481 (ii) If the number of candidates for a particular office exceeds twice the number of
2482 offices to be filled at the regular municipal election, those candidates for municipal office shall
2483 be nominated at a municipal primary election.
2484 (d) The clerk shall ensure that the partisan municipal primary ballot is similar to the
2485 ballot forms required by Section 20A-6-401 and, as applicable, Section 20A-6-401.1.
2486 (e) After marking a municipal primary ballot, the voter shall deposit the ballot in the
2487 blank ballot box.
2488 (f) Immediately after the canvass, the election judges shall, without examination,
2489 destroy the tickets deposited in the blank ballot box.
2490 (5) (a) A voter who signs a petition under Subsection (4)(b)(ii) may have the voter's
2491 signature removed from the petition by, no later than three business days after the day on which
2492 the petition is filed with the city recorder or town clerk, submitting to the city recorder or town
2493 clerk a statement requesting that the voter's signature be removed.
2494 (b) A statement described in Subsection (5)(a) shall comply with the requirements
2495 described in Subsection 20A-7-105(9)(e).
2496 (c) A voter may not submit a statement described in Subsection (5)(a) by email or other
2497 electronic means.
2498 (d) With the assistance of the county clerk and using the procedures described in
2499 Section 20A-7-105, the city recorder or town clerk shall determine whether to remove an
2500 individual's signature from a petition after receiving a timely, valid statement requesting
2501 removal of the signature.
2502 Section 39. Section 20A-9-408 is amended to read:
2503 20A-9-408. Signature-gathering process to seek the nomination of a qualified
2504 political party -- Removal of signature.
2505 (1) This section describes the requirements for a member of a qualified political party
2506 who is seeking the nomination of the qualified political party for an elective office through the
2507 signature-gathering process described in this section.
2508 (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of
2509 candidacy for a member of a qualified political party who is nominated by, or who is seeking
2510 the nomination of, the qualified political party under this section shall be substantially as
2511 described in Section 20A-9-408.5.
2512 (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
2513 20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
2514 nomination of the qualified political party for an elective office that is to be filled at the next
2515 general election shall:
2516 (a) during the declaration of candidacy filing period described in Section 20A-9-201.5,
2517 and before gathering signatures under this section, file with the filing officer on a form
2518 approved by the lieutenant governor a notice of intent to gather signatures for candidacy that
2519 includes:
2520 (i) the name of the member who will attempt to become a candidate for a registered
2521 political party under this section;
2522 (ii) the name of the registered political party for which the member is seeking
2523 nomination;
2524 (iii) the office for which the member is seeking to become a candidate;
2525 (iv) the address and telephone number of the member; and
2526 (v) other information required by the lieutenant governor;
2527 (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
2528 in person, with the filing officer during the declaration of candidacy filing period described in
2529 Section 20A-9-201.5; and
2530 (c) pay the filing fee.
2531 (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
2532 party who, under this section, is seeking the nomination of the qualified political party for the
2533 office of district attorney within a multicounty prosecution district that is to be filled at the next
2534 general election shall:
2535 (a) during the declaration of candidacy filing period described in Section 20A-9-201.5,
2536 and before gathering signatures under this section, file with the filing officer on a form
2537 approved by the lieutenant governor a notice of intent to gather signatures for candidacy that
2538 includes:
2539 (i) the name of the member who will attempt to become a candidate for a registered
2540 political party under this section;
2541 (ii) the name of the registered political party for which the member is seeking
2542 nomination;
2543 (iii) the office for which the member is seeking to become a candidate;
2544 (iv) the address and telephone number of the member; and
2545 (v) other information required by the lieutenant governor;
2546 (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
2547 in person, with the filing officer during the declaration of candidacy filing period described in
2548 Section 20A-9-201.5; and
2549 (c) pay the filing fee.
2550 (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
2551 who files as the joint-ticket running mate of an individual who is nominated by a qualified
2552 political party, under this section, for the office of governor shall, during the declaration of
2553 candidacy filing period described in Section 20A-9-201.5, file a declaration of candidacy and
2554 submit a letter from the candidate for governor that names the lieutenant governor candidate as
2555 a joint-ticket running mate.
2556 (6) The lieutenant governor shall ensure that the certification described in Subsection
2557 20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
2558 under this section.
2559 (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
2560 is nominated by a qualified political party under this section, designate the qualified political
2561 party that nominated the candidate.
2562 (8) A member of a qualified political party may seek the nomination of the qualified
2563 political party for an elective office by:
2564 (a) complying with the requirements described in this section; and
2565 (b) collecting signatures, on a form approved by the lieutenant governor that complies
2566 with Subsection 20A-9-405(3), during the period beginning on the day on which the member
2567 files a notice of intent to gather signatures and ending at 5 p.m. 14 days before the day on
2568 which the qualified political party's convention for the office is held, in the following amounts:
2569 (i) for a statewide race, 28,000 signatures of registered voters in the state who are
2570 permitted by the qualified political party to vote for the qualified political party's candidates in
2571 a primary election;
2572 (ii) for a congressional district race, 7,000 signatures of registered voters who are
2573 residents of the congressional district and are permitted by the qualified political party to vote
2574 for the qualified political party's candidates in a primary election;
2575 (iii) for a state Senate district race, 2,000 signatures of registered voters who are
2576 residents of the state Senate district and are permitted by the qualified political party to vote for
2577 the qualified political party's candidates in a primary election;
2578 (iv) for a state House district race, 1,000 signatures of registered voters who are
2579 residents of the state House district and are permitted by the qualified political party to vote for
2580 the qualified political party's candidates in a primary election;
2581 (v) for a State Board of Education race, the lesser of:
2582 (A) 2,000 signatures of registered voters who are residents of the State Board of
2583 Education district and are permitted by the qualified political party to vote for the qualified
2584 political party's candidates in a primary election; or
2585 (B) 3% of the registered voters of the qualified political party who are residents of the
2586 applicable State Board of Education district; and
2587 (vi) for a county office race, signatures of 3% of the registered voters who are residents
2588 of the area permitted to vote for the county office and are permitted by the qualified political
2589 party to vote for the qualified political party's candidates in a primary election.
2590 (9) (a) This Subsection (9) applies only to the manual candidate qualification process.
2591 (b) In order for a member of the qualified political party to qualify as a candidate for
2592 the qualified political party's nomination for an elective office under this section, using the
2593 manual candidate qualification process, the member shall:
2594 (i) collect the signatures on a form approved by the lieutenant governor, using the same
2595 circulation and verification requirements described in Sections 20A-7-105 and 20A-7-204 [
2596
2597 (ii) submit the signatures to the election officer before 5 p.m. no later than 14 days
2598 before the day on which the qualified political party holds the party's convention to select
2599 candidates, for the elective office, for the qualified political party's nomination.
2600 (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the
2601 election officer shall, no later than the earlier of 14 days after the day on which the election
2602 officer receives the signatures, or one day before the day on which the qualified political party
2603 holds the convention to select a nominee for the elective office to which the signature packets
2604 relate:
2605 (i) check the name of each individual who completes the verification for a signature
2606 packet to determine whether each individual is a resident of Utah and is at least 18 years old;
2607 (ii) submit the name of each individual described in Subsection (9)(c)(i) who is not a
2608 Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
2609 (iii) with the assistance of the county clerk as applicable, determine whether each
2610 signer is a registered voter who is qualified to sign the petition, using the same method,
2611 described in Section [
2612 (iv) certify whether each name is that of a registered voter who is qualified to sign the
2613 signature packet.
2614 (d) (i) A registered voter who physically signs a form under Subsections (8) and (9)(b)
2615 may have the voter's signature removed from the form by, no later than three business days
2616 after the day on which the member submits the signature form to the election officer,
2617 submitting to the election officer a statement requesting that the voter's signature be removed.
2618 (ii) A statement described in Subsection (9)(d)(i) shall comply with the requirements
2619 described in Subsection 20A-7-105(9)(e).
2620 (iii) A voter may not submit a statement described in Subsection (9)(d)(i) by email or
2621 other electronic means.
2622 (iv) With the assistance of the county clerk as applicable, the election officer shall use
2623 the procedures described in Section 20A-7-105 to determine whether to remove an individual's
2624 signature after receiving a timely, valid statement requesting removal of the signature.
2625 (10) (a) This Subsection (10) applies only to the electronic candidate qualification
2626 process.
2627 (b) In order for a member of the qualified political party to qualify as a candidate for
2628 the qualified political party's nomination for an elective office under this section, the member
2629 shall, before 5 p.m. no later than 14 days before the day on which the qualified political party
2630 holds the party's convention to select candidates, for the elective office, for the qualified
2631 political party's nomination, collect signatures electronically:
2632 (i) in accordance with Section 20A-21-201; and
2633 (ii) using progressive screens, in a format approved by the lieutenant governor, that
2634 complies with Subsection 20A-9-405(4).
2635 (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the
2636 election officer shall, no later than the earlier of 14 days after the day on which the election
2637 officer receives the signatures, or one day before the day on which the qualified political party
2638 holds the convention to select a nominee for the elective office to which the signature packets
2639 relate:
2640 (i) check the name of each individual who completes the verification for a signature to
2641 determine whether each individual is a resident of Utah and is at least 18 years old; and
2642 (ii) submit the name of each individual described in Subsection (10)(c)(i) who is not a
2643 Utah resident or who is not at least 18 years old to the attorney general and the county attorney.
2644 (11) (a) An individual may not gather signatures under this section until after the
2645 individual files a notice of intent to gather signatures for candidacy described in this section.
2646 (b) An individual who files a notice of intent to gather signatures for candidacy,
2647 described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
2648 the notice of intent to gather signatures for candidacy:
2649 (i) required to comply with the reporting requirements that a candidate for office is
2650 required to comply with; and
2651 (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
2652 apply to a candidate for office in relation to the reporting requirements described in Subsection
2653 (11)(b)(i).
2654 (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), or
2655 Subsections (8) and (10)(b), the election officer shall, no later than one day before the day on
2656 which the qualified political party holds the convention to select a nominee for the elective
2657 office to which the signature packets relate, notify the qualified political party and the
2658 lieutenant governor of the name of each member of the qualified political party who qualifies
2659 as a nominee of the qualified political party, under this section, for the elective office to which
2660 the convention relates.
2661 (d) Upon receipt of a notice of intent to gather signatures for candidacy described in
2662 this section, the lieutenant governor shall post the notice of intent to gather signatures for
2663 candidacy on the lieutenant governor's website in the same location that the lieutenant governor
2664 posts a declaration of candidacy.
2665 Section 40. Section 20A-9-502 is amended to read:
2666 20A-9-502. Certificate of nomination -- Contents -- Circulation -- Verification --
2667 Criminal penalty -- Removal of petition signature.
2668 (1) The candidate shall:
2669 (a) prepare a certificate of nomination in substantially the following form:
2670 "State of Utah, County of ______________________________________________
2671 I, ______________, declare my intention of becoming an unaffiliated candidate for the
2672 political group designated as ____ for the office of ____. I do solemnly swear that I can
2673 qualify to hold that office both legally and constitutionally if selected, and that I reside at ____
2674 Street, in the city of ____, county of ____, state of ______, zip code ____, phone ____, and
2675 that I am providing, or have provided, the required number of holographic signatures of
2676 registered voters required by law; that as a candidate at the next election I will not knowingly
2677 violate any election or campaign law; that, if filing via a designated agent for an office other
2678 than president of the United States, I will be out of the state of Utah during the entire candidate
2679 filing period; I will file all campaign financial disclosure reports as required by law; and I
2680 understand that failure to do so will result in my disqualification as a candidate for this office
2681 and removal of my name from the ballot.
2682
__________________________________________
2683
Subscribed and sworn to before me this ______(month\day\year).
2684
__________________________________________
2685
Notary Public (or other officer
2686
qualified to administer oaths)";
2687 (b) bind signature sheets to the certificate that:
2688 (i) are printed on sheets of paper 8-1/2 inches long and 11 inches wide;
2689 (ii) are ruled with a horizontal line 3/4 inch from the top, with the space above that line
2690 blank for the purpose of binding;
2691 (iii) contain the name of the proposed candidate and the words "Unaffiliated Candidate
2692 Certificate of Nomination Petition" printed directly below the horizontal line;
2693 (iv) contain the word "Warning" printed directly under the words described in
2694 Subsection (1)(b)(iii);
2695 (v) contain, to the right of the word "Warning," the following statement printed in not
2696 less than eight-point, single leaded type:
2697 "It is a class A misdemeanor for anyone to knowingly sign a certificate of nomination
2698 signature sheet with any name other than the person's own name or more than once for the
2699 same candidate or if the person is not registered to vote in this state and does not intend to
2700 become registered to vote in this state before the county clerk certifies the signatures.";
2701 (vi) contain the following statement directly under the statement described in
2702 Subsection (1)(b)(v):
2703 "Each signer says:
2704 I have personally signed this petition with a holographic signature;
2705 I am registered to vote in Utah or intend to become registered to vote in Utah before the
2706 county clerk certifies my signature; and
2707 My street address is written correctly after my name.";
2708 (vii) contain horizontally ruled lines, 3/8 inch apart under the statement described in
2709 Subsection (1)(b)(vi); and
2710 (viii) be vertically divided into columns as follows:
2711 (A) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
2712 headed with "For Office Use Only," and be subdivided with a light vertical line down the
2713 middle;
2714 (B) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
2715 Name (must be legible to be counted)";
2716 (C) the next column shall be 2-1/2 inches wide, headed "Holographic Signature of
2717 Registered Voter";
2718 (D) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
2719 (E) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
2720 Code"; and
2721 (F) at the bottom of the sheet, contain the following statement: "Birth date or age
2722 information is not required, but it may be used to verify your identity with voter registration
2723 records. If you choose not to provide it, your signature may not be certified as a valid signature
2724 if you change your address before petition signatures are certified or if the information you
2725 provide does not match your voter registration records."; and
2726 (c) bind a final page to one or more signature sheets that are bound together that
2727 contains, except as provided by Subsection (3), the following printed statement:
2728 "Verification
2729 State of Utah, County of ____
2730 I, _______________, of ____, hereby state that:
2731 I am a Utah resident and am at least 18 years old;
2732 All the names that appear on the signature sheets bound to this page were signed by
2733 persons who professed to be the persons whose names appear on the signature sheets, and each
2734 of them signed the person's name on the signature sheets in my presence;
2735 I believe that each has printed and signed the person's name and written the person's
2736 street address correctly, and that each signer is registered to vote in Utah or will register to vote
2737 in Utah before the county clerk certifies the signatures on the signature sheet.
2738 ______________________________________________________________________
2739 (Signature) (Residence Address) (Date)".
2740 (2) An agent designated to file a certificate of nomination under Subsection
2741 20A-9-503(2)(b) may not sign the form described in Subsection (1)(a).
2742 (3) (a) The candidate shall circulate the nomination petition and ensure that the person
2743 in whose presence each signature sheet is signed:
2744 (i) is at least 18 years old;
2745 (ii) except as provided by Subsection (3)(b), meets the residency requirements of
2746 Section 20A-2-105; and
2747 (iii) verifies each signature sheet by completing the verification bound to one or more
2748 signature sheets that are bound together.
2749 (b) A person who is not a resident may sign the verification on a petition for an
2750 unaffiliated candidate for the office of president of the United States.
2751 (c) A person may not sign the verification if the person signed a signature sheet bound
2752 to the verification.
2753 (4) (a) It is unlawful for any person to:
2754 (i) knowingly sign a certificate of nomination signature sheet:
2755 (A) with any name other than the person's own name;
2756 (B) more than once for the same candidate; or
2757 (C) if the person is not registered to vote in this state and does not intend to become
2758 registered to vote in this state before the county clerk certifies the signatures; or
2759 (ii) sign the verification of a certificate of nomination signature sheet if the person:
2760 (A) except as provided by Subsection (3)(b), does not meet the residency requirements
2761 of Section 20A-2-105;
2762 (B) has not witnessed the signing by those persons whose names appear on the
2763 certificate of nomination signature sheet; or
2764 (C) knows that a person whose signature appears on the certificate of nomination
2765 signature sheet is not registered to vote in this state and does not intend to become registered to
2766 vote in this state.
2767 (b) Any person violating this Subsection (4) is guilty of a class A misdemeanor.
2768 (5) (a) The candidate shall submit the petition and signature sheets to the county clerk
2769 for certification when the petition has been completed by:
2770 (i) at least 1,000 registered voters residing within the state when the nomination is for
2771 an office to be filled by the voters of the entire state; or
2772 (ii) at least 300 registered voters residing within a political division or at least 5% of
2773 the registered voters residing within a political division, whichever is less, when the
2774 nomination is for an office to be filled by the voters of any political division smaller than the
2775 state.
2776 (b) In reviewing the petition, the county clerk shall count and certify only those persons
2777 who signed the petition with a holographic signature who:
2778 (i) are registered voters within the political division that the candidate seeks to
2779 represent; and
2780 (ii) did not sign any other certificate of nomination for that office.
2781 (c) The candidate may supplement or amend the certificate of nomination at any time
2782 on or before the filing deadline.
2783 (d) The county clerk shall use the procedures described in Section 20A-7-105 to
2784 determine whether a signer is a registered voter who is qualified to sign the petition.
2785 (6) (a) A voter who signs a nomination petition under this section may have the voter's
2786 signature removed from the petition by, no later than three business days after the day on which
2787 the candidate submits the petition to the county clerk, submitting to the county clerk a
2788 statement requesting that the voter's signature be removed.
2789 (b) A statement described in Subsection (6)(a) shall comply with the requirements
2790 described in Subsection 20A-7-105(9)(e).
2791 (c) A voter may not submit a statement described in Subsection (6)(a) by email or other
2792 electronic means.
2793 (d) The county clerk shall use the procedures described in Section 20A-7-105 to
2794 determine whether to remove an individual's signature from a petition after receiving a timely,
2795 valid statement requesting removal of the signature.
2796 Section 41. Section 20A-11-802 is amended to read:
2797 20A-11-802. Political issues committees -- Financial reporting.
2798 (1) (a) Each registered political issues committee that has received political issues
2799 contributions totaling at least $750, or disbursed political issues expenditures totaling at least
2800 $750, during a calendar year, shall file a verified financial statement with the lieutenant
2801 governor's office:
2802 (i) on January 10, reporting contributions and expenditures as of December 31 of the
2803 previous year;
2804 (ii) seven days before the state political convention of each major political party;
2805 (iii) seven days before the regular primary election date;
2806 (iv) seven days before the date of an incorporation election, if the political issues
2807 committee has received or expended funds to affect an incorporation;
2808 (v) at least three days before the first public hearing held as required by Section
2809 20A-7-204.1;
2810 (vi) if the political issues committee has received or expended funds in relation to an
2811 initiative or referendum, five days before the deadline for the initiative or referendum sponsors
2812 to submit:
2813 (A) the verified and certified initiative packets under Section [
2814 or
2815 (B) the signed and verified referendum packets under Section [
2816 (vii) on September 30; and
2817 (viii) seven days before:
2818 (A) the municipal general election; and
2819 (B) the regular general election.
2820 (b) The political issues committee shall report:
2821 (i) a detailed listing of all contributions received and expenditures made since the last
2822 statement; and
2823 (ii) all contributions and expenditures as of five days before the required filing date of
2824 the financial statement, except for a financial statement filed on January 10.
2825 (c) The political issues committee need not file a statement under this section if it
2826 received no contributions and made no expenditures during the reporting period.
2827 (2) (a) That statement shall include:
2828 (i) the name and address, if known, of any individual who makes a political issues
2829 contribution to the reporting political issues committee, and the amount of the political issues
2830 contribution;
2831 (ii) the identification of any publicly identified class of individuals that makes a
2832 political issues contribution to the reporting political issues committee, and the amount of the
2833 political issues contribution;
2834 (iii) the name and address, if known, of any political issues committee, group, or entity
2835 that makes a political issues contribution to the reporting political issues committee, and the
2836 amount of the political issues contribution;
2837 (iv) the name and address of each reporting entity that makes a political issues
2838 contribution to the reporting political issues committee, and the amount of the political issues
2839 contribution;
2840 (v) for each nonmonetary contribution, the fair market value of the contribution;
2841 (vi) except as provided in Subsection (2)(c), the name and address of each individual,
2842 entity, or group of individuals or entities that received a political issues expenditure of more
2843 than $50 from the reporting political issues committee, and the amount of each political issues
2844 expenditure;
2845 (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
2846 (viii) the total amount of political issues contributions received and political issues
2847 expenditures disbursed by the reporting political issues committee;
2848 (ix) a statement by the political issues committee's treasurer or chief financial officer
2849 certifying that, to the best of the person's knowledge, the financial statement is accurate; and
2850 (x) a summary page in the form required by the lieutenant governor that identifies:
2851 (A) beginning balance;
2852 (B) total contributions during the period since the last statement;
2853 (C) total contributions to date;
2854 (D) total expenditures during the period since the last statement; and
2855 (E) total expenditures to date.
2856 (b) (i) Political issues contributions received by a political issues committee that have a
2857 value of $50 or less need not be reported individually, but shall be listed on the report as an
2858 aggregate total.
2859 (ii) Two or more political issues contributions from the same source that have an
2860 aggregate total of more than $50 may not be reported in the aggregate, but shall be reported
2861 separately.
2862 (c) When reporting political issue expenditures made to circulators of initiative
2863 petitions, the political issues committee:
2864 (i) need only report the amount paid to each initiative petition circulator; and
2865 (ii) need not report the name or address of the circulator.
2866 (3) (a) As used in this Subsection (3), "received" means:
2867 (i) for a cash contribution, that the cash is given to a political issues committee;
2868 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
2869 instrument or check is negotiated; and
2870 (iii) for any other type of contribution, that any portion of the contribution's benefit
2871 inures to the political issues committee.
2872 (b) A political issues committee shall report each contribution to the lieutenant
2873 governor within 31 days after the contribution is received.
2874 (4) A political issues committee may not expend a contribution for a political issues
2875 expenditure if the contribution:
2876 (a) is cash or a negotiable instrument;
2877 (b) exceeds $50; and
2878 (c) is from an unknown source.
2879 (5) Within 31 days after receiving a contribution that is cash or a negotiable
2880 instrument, exceeds $50, and is from an unknown source, a political issues committee shall
2881 disburse the amount of the contribution to:
2882 (a) the treasurer of the state or a political subdivision for deposit into the state's or
2883 political subdivision's general fund; or
2884 (b) an organization that is exempt from federal income taxation under Section
2885 501(c)(3), Internal Revenue Code.
2886 Section 42. Section 20A-15-103 is amended to read:
2887 20A-15-103. Delegates -- Candidacy -- Qualifications -- Nominating procedures --
2888 Removal of petition signature.
2889 (1) Candidates for the office of delegate to the ratification convention shall be citizens,
2890 residents of Utah, and at least 21 years old.
2891 (2) Persons wishing to be delegates to the ratification convention shall:
2892 (a) circulate a nominating petition meeting the requirements of this section; and
2893 (b) obtain the signature of at least 100 registered voters.
2894 (3) (a) A single nominating petition may nominate any number of candidates up to 21,
2895 the total number of delegates to be elected.
2896 (b) Nominating petitions may not contain anything identifying a candidate's party or
2897 political affiliation.
2898 (c) Each nominating petition shall contain a written statement signed by each nominee,
2899 indicating either that the candidate will:
2900 (i) vote for ratification of the proposed amendment; or
2901 (ii) vote against ratification of the proposed amendment.
2902 (d) A nominating petition containing the names of more than one nominee may not
2903 contain the name of any nominee whose stated position in the nominating petition is
2904 inconsistent with that of any other nominee listed in the petition.
2905 (4) (a) Candidates shall file their nominating petitions with the lieutenant governor
2906 before 5 p.m. no later than 40 days before the proclaimed date of the election.
2907 (b) Within 10 days after the last day for filing the petitions, the lieutenant governor
2908 shall:
2909 (i) use the procedures described in Section 20A-7-105 to determine whether a signer is
2910 a registered voter;
2911 [
2912 nominees against ratification whose nominating petitions have been signed by the largest
2913 number of registered voters;
2914 [
2915 [
2916 county within the state.
2917 (5) (a) A voter who signs a nomination petition under this section may have the voter's
2918 signature removed from the petition by, no later than three business days after the last day for
2919 filing the petitions, submitting to the lieutenant governor a statement requesting that the voter's
2920 signature be removed.
2921 (b) A statement described in Subsection (5)(a) shall comply with the requirements
2922 described in Subsection 20A-7-105(9)(e).
2923 (c) A voter may not submit a statement described in Subsection (5)(a) by email or other
2924 electronic means.
2925 (d) The lieutenant governor shall use the procedures described in Section 20A-7-105 to
2926 determine whether to remove an individual's signature from a petition after receiving a timely,
2927 valid statement requesting removal of the signature.
2928 Section 43. Section 20A-21-201 is amended to read:
2929 20A-21-201. Electronic signature gathering for an initiative, a referendum, or
2930 candidate qualification.
2931 (1) (a) After filing a petition for a statewide initiative or a statewide referendum, and
2932 before gathering signatures, the sponsors shall, after consulting with the Office of the
2933 Lieutenant Governor, sign a form provided by the Office of the Lieutenant Governor indicating
2934 whether the sponsors will gather signatures manually or electronically.
2935 (b) If the sponsors indicate, under Subsection (1)(a), that the sponsors will gather
2936 signatures electronically:
2937 (i) in relation to a statewide initiative, signatures for that initiative:
2938 (A) may only be gathered and submitted electronically, in accordance with this section
2939 and Sections 20A-7-215, 20A-7-216, and 20A-7-217; and
2940 (B) may not be gathered or submitted using the manual signature-gathering process
2941 described in Sections 20A-7-105 and 20A-7-204[
2942 (ii) in relation to a statewide referendum, signatures for that referendum:
2943 (A) may only be gathered and submitted electronically, in accordance with this section
2944 and Sections 20A-7-313, 20A-7-314, and 20A-7-315; and
2945 (B) may not be gathered or submitted using the manual signature-gathering process
2946 described in Sections 20A-7-105 and 20A-7-304[
2947 (c) If the sponsors indicate, under Subsection (1)(a), that the sponsors will gather
2948 signatures manually:
2949 (i) in relation to a statewide initiative, signatures for that initiative:
2950 (A) may only be gathered and submitted using the manual signature-gathering process
2951 described in Sections 20A-7-105 and 20A-7-204[
2952 (B) may not be gathered or submitted electronically, as described in this section and
2953 Sections 20A-7-215, 20A-7-216, and 20A-7-217; and
2954 (ii) in relation to a statewide referendum, signatures for that referendum:
2955 (A) may only be gathered and submitted using the manual signature-gathering process
2956 described in Sections 20A-7-105 and 20A-7-304[
2957 (B) may not be gathered or submitted electronically, as described in this section and
2958 Sections 20A-7-313, 20A-7-314, and 20A-7-315.
2959 (2) (a) After filing a petition for a local initiative or a local referendum, and before
2960 gathering signatures, the sponsors shall, after consulting with the local clerk's office, sign a
2961 form provided by the local clerk's office indicating whether the sponsors will gather signatures
2962 manually or electronically.
2963 (b) If the sponsors indicate, under Subsection (2)(a), that the sponsors will gather
2964 signatures electronically:
2965 (i) in relation to a local initiative, signatures for that initiative:
2966 (A) may only be gathered and submitted electronically, in accordance with this section
2967 and Sections 20A-7-514, 20A-7-515, and 20A-7-516; and
2968 (B) may not be gathered or submitted using the manual signature-gathering process
2969 described in Sections 20A-7-105 and 20A-7-504[
2970 (ii) in relation to a local referendum, signatures for that referendum:
2971 (A) may only be gathered and submitted electronically, in accordance with this section
2972 and Sections 20A-7-614, 20A-7-615, and 20A-7-616; and
2973 (B) may not be gathered or submitted using the manual signature-gathering process
2974 described in Sections 20A-7-105 and 20A-7-604[
2975 (c) If the sponsors indicate, under Subsection (2)(a), that the sponsors will gather
2976 signatures manually:
2977 (i) in relation to a local initiative, signatures for that initiative:
2978 (A) may only be gathered and submitted using the manual signature-gathering process
2979 described in Sections 20A-7-105 and 20A-7-504[
2980 (B) may not be gathered or submitted electronically, as described in this section and
2981 Sections 20A-7-514, 20A-7-515, and 20A-7-516; and
2982 (ii) in relation to a local referendum, signatures for that referendum:
2983 (A) may only be gathered and submitted using the manual signature-gathering process
2984 described in Sections 20A-7-105 and 20A-7-604[
2985 (B) may not be gathered or submitted electronically, as described in this section and
2986 Sections 20A-7-614, 20A-7-615, and 20A-7-616.
2987 (3) (a) After a candidate files a notice of intent to gather signatures to qualify for a
2988 ballot, and before gathering signatures, the candidate shall, after consulting with the election
2989 officer, sign a form provided by the election officer indicating whether the candidate will
2990 gather signatures manually or electronically.
2991 (b) If a candidate indicates, under Subsection (3)(a), that the candidate will gather
2992 signatures electronically, signatures for the candidate:
2993 (i) may only be gathered and submitted using the electronic candidate qualification
2994 process; and
2995 (ii) may not be gathered or submitted using the manual candidate qualification process.
2996 (c) If a candidate indicates, under Subsection (3)(a), that the candidate will gather
2997 signatures manually, signatures for the candidate:
2998 (i) may only be gathered and submitted using the manual candidate qualification
2999 process; and
3000 (ii) may not be gathered or submitted using the electronic candidate qualification
3001 process.
3002 (4) To gather a signature electronically, a signature-gatherer shall:
3003 (a) use a device provided by the signature-gatherer or a sponsor of the petition that:
3004 (i) is approved by the lieutenant governor;
3005 (ii) except as provided in Subsection (4)(a)(iii), does not store a signature or any other
3006 information relating to an individual signing the petition in any location other than the location
3007 used by the website to store the information;
3008 (iii) does not, on the device, store a signature or any other information relating to an
3009 individual signing the petition except for the minimum time necessary to upload information to
3010 the website;
3011 (iv) does not contain any applications, software, or data other than those approved by
3012 the lieutenant governor; and
3013 (v) complies with cyber-security and other security protocols required by the lieutenant
3014 governor;
3015 (b) use the approved device to securely access a website designated by the lieutenant
3016 governor, directly, or via an application designated by the lieutenant governor; and
3017 (c) while connected to the website, present the approved device to an individual
3018 considering signing the petition and, while the signature-gatherer is in the physical presence of
3019 the individual:
3020 (i) wait for the individual to reach each screen presented to the individual on the
3021 approved device; and
3022 (ii) wait for the individual to advance to each subsequent screen by clicking on the
3023 acknowledgement at the bottom of the screen.
3024 (5) Each screen shown on an approved device as part of the signature-gathering process
3025 shall appear as a continuous electronic document that, if the entire document does not appear
3026 on the screen at once, requires the individual viewing the screen to, before advancing to the
3027 next screen, scroll through the document until the individual reaches the end of the document.
3028 (6) After advancing through each screen required for the petition, the signature process
3029 shall proceed as follows:
3030 (a) except as provided in Subsection (6)(b):
3031 (i) the individual desiring to sign the petition shall present the individual's driver
3032 license or state identification card to the signature-gatherer;
3033 (ii) the signature-gatherer shall verify that the individual pictured on the driver license
3034 or state identification card is the individual signing the petition;
3035 (iii) the signature-gatherer shall scan or enter the driver license number or state
3036 identification card number through the approved device; and
3037 (iv) immediately after the signature-gatherer complies with Subsection (6)(a)(iii), the
3038 website shall determine whether the individual desiring to sign the petition is eligible to sign
3039 the petition;
3040 (b) if the individual desiring to sign the petition is unable to provide a driver license or
3041 state identification card to the signature gatherer:
3042 (i) the individual may present other valid voter identification;
3043 (ii) if the valid voter identification contains a picture of the individual, the
3044 signature-gatherer shall verify that the individual pictured is the individual signing the petition;
3045 (iii) if the valid voter identification does not contain a picture of the individual, the
3046 signature-gatherer shall, to the extent reasonably practicable, use the individual's address or
3047 other available means to determine whether the identification relates to the individual
3048 presenting the identification;
3049 (iv) the signature-gatherer shall scan an image of the valid voter identification and
3050 immediately upload the image to the website; and
3051 (v) the individual:
3052 (A) shall enter the individual's address; and
3053 (B) may, at the discretion of the individual, enter the individual's date of birth or age
3054 after the individual clicks on the screen acknowledging that they have read and understand the
3055 following statement, "Birth date or age information is not required, but may be used to verify
3056 your identity with voter registration records. If you choose not to provide it, your signature may
3057 not be verified as a valid signature if you change your address before your signature is verified
3058 or if the information you provide does not match your voter registration records."; and
3059 (c) after completing the process described in Subsection (6)(a) or (b), the screen shall:
3060 (i) except for a petition to qualify a candidate for the ballot, give the individual signing
3061 the petition the opportunity to enter the individual's email address after the individual reads the
3062 following statement, "If you provide your email address, you may receive an email with
3063 additional information relating to the petition you are signing."; and
3064 (ii) (A) if the website determines, under Subsection (6)(a)(iv), that the individual is
3065 eligible to sign the petition, permit the individual to enter the individual's name as the
3066 individual's electronic signature and, immediately after the signature-gather timely complies
3067 with Subsection (10), certify the signature; or
3068 (B) if the individual provides valid voter identification under Subsection (6)(b), permit
3069 the individual to enter the individual's name as the individual's electronic signature.
3070 (7) If an individual provides valid voter identification under Subsection (6)(b), the
3071 county clerk shall, within seven days after the day on which the individual submits the valid
3072 voter identification, certify the signature if:
3073 (a) the individual is eligible to sign the petition;
3074 (b) the identification provided matches the information on file; and
3075 (c) the signature-gatherer timely complies with Subsection (10).
3076 (8) For each signature submitted under this section, the website shall record:
3077 (a) the information identifying the individual who signs;
3078 (b) the date the signature was collected; and
3079 (c) the name of the signature-gatherer.
3080 (9) An individual who is a signature-gatherer may not sign a petition unless another
3081 individual acts as the signature-gatherer when the individual signs the petition.
3082 (10) Except for a petition for a candidate to seek the nomination of a registered
3083 political party, each individual who gathers a signature under this section shall, within one
3084 business day after the day on which the individual gathers a signature, electronically sign and
3085 submit the following statement to the website:
3086 "VERIFICATION OF SIGNATURE-GATHERER
3087 State of Utah, County of ____
3088 I, _____________________, of ______, hereby state, under penalty of perjury, that:
3089 I am a resident of Utah and am at least 18 years old;
3090 All the signatures that I collected on [Date signatures were gathered] were signed by
3091 individuals who professed to be the individuals whose signatures I gathered, and each of the
3092 individuals signed the petition in my presence;
3093 I did not knowingly make a misrepresentation of fact concerning the law or proposed
3094 law to which the petition relates;
3095 I believe that each individual has signed the individual's name and written the
3096 individual's residence correctly, that each signer has read and understands the law to which the
3097 petition relates, and that each signer is registered to vote in Utah;
3098 Each signature correctly reflects the date on which the individual signed the petition;
3099 and
3100 I have not paid or given anything of value to any individual who signed this petition to
3101 encourage that individual to sign it."
3102 (11) Except for a petition for a candidate to seek the nomination of a registered
3103 political party:
3104 (a) the county clerk may not certify a signature that is not timely verified in accordance
3105 with Subsection (10); and
3106 (b) if a signature certified by a county clerk under Subsection (6)(c)(ii)(A) is not timely
3107 verified in accordance with Subsection (10), the county clerk shall:
3108 (i) revoke the certification;
3109 (ii) remove the signature from the posting described in Subsection 20A-7-217(4),
3110 20A-7-315(3), 20A-7-516(4), or 20A-7-616(3); and
3111 (iii) update the totals described in Subsections 20A-7-217(5)(a)(ii),
3112 20A-7-315(5)(a)(ii), 20A-7-516(5)(a)(ii), and 20A-7-616(5)(a)(ii).
3113 (12) For a petition for a candidate to seek the nomination of a registered political party,
3114 each individual who gathers a signature under this section shall, within one business day after
3115 the day on which the individual gathers a signature, electronically sign and submit the
3116 following statement to the lieutenant governor in the manner specified by the lieutenant
3117 governor:
3118 "VERIFICATION OF SIGNATURE-GATHERER
3119 State of Utah, County of ____
3120 I, _____________________, of ______, hereby state that:
3121 I am a resident of Utah and am at least 18 years old;
3122 All the signatures that I collected on [Date signatures were gathered] were signed by
3123 individuals who professed to be the individuals whose signatures I gathered, and each of the
3124 individuals signed the petition in my presence;
3125 I believe that each individual has signed the individual's name and written the
3126 individual's residence correctly and that each signer is registered to vote in Utah; and
3127 Each signature correctly reflects the date on which the individual signed the petition."
3128 (13) For a petition for a candidate to seek the nomination of a registered political party,
3129 the election officer may not certify a signature that is not timely verified in accordance with
3130 Subsection (12).
3131 Section 44. Section 53G-3-301 is amended to read:
3132 53G-3-301. Creation of new school district -- Initiation of process -- Procedures to
3133 be followed.
3134 (1) A new school district may be created from one or more existing school districts, as
3135 provided in this section.
3136 (2) The process to create a new school district may be initiated:
3137 (a) through a citizens' initiative petition;
3138 (b) at the request of the local school board of the existing district or districts to be
3139 affected by the creation of the new district; or
3140 (c) at the request of a city within the boundaries of the school district or at the request
3141 of interlocal agreement participants, pursuant to Section 53G-3-302.
3142 (3) (a) An initiative petition submitted under Subsection (2)(a) shall be signed by
3143 [
3144 proposed new school district in an amount equal to at least 15% of all votes cast within the
3145 geographic boundaries of the proposed new school district for all candidates for president of
3146 the United States at the last regular general election at which a president of the United States
3147 was elected.
3148 (b) Each request or petition submitted under Subsection (2) shall:
3149 (i) be filed with the clerk of each county in which any part of the proposed new school
3150 district is located;
3151 (ii) indicate the typed or printed name and current residence address of each governing
3152 board member making a request, or registered voter signing a petition, as the case may be;
3153 (iii) describe the proposed new school district boundaries; and
3154 (iv) designate up to five signers of the petition or request as sponsors, one of whom
3155 shall be designated as the contact sponsor, with the mailing address and telephone number of
3156 each.
3157 (c) The process described in Subsection (2)(a) may only be initiated once during any
3158 four-year period.
3159 (d) A new district may not be formed under Subsection (2) if the student population of
3160 the proposed new district is less than 3,000 or the existing district's student population would
3161 be less than 3,000 because of the creation of the new school district.
3162 (4) (a) (i) A signer of a petition described in Subsection (2)(a) may withdraw or, once
3163 withdrawn, reinstate the signer's signature at any time before the filing of the petition by filing
3164 a written [
3165 no later than three business days after the day on which the petition is filed with the county
3166 clerk.
3167 (ii) A statement described in Subsection (4)(a)(i) shall comply with the requirements
3168 described in Subsection 20A-7-105(9)(e).
3169 (iii) A voter may not submit a statement described in Subsection (4)(a)(i) by email or
3170 other electronic means.
3171 (iv) The county clerk shall use the procedures described in Section 20A-7-105 to
3172 determine whether to remove or reinstate an individual's signature from a petition after
3173 receiving a timely, valid statement.
3174 (b) For a petition described in Subsection (2)(a), the county clerk shall use the
3175 procedures described in Section 20A-7-105 to determine whether the petition has been signed
3176 by the required number of registered voters residing within the geographical boundaries of the
3177 proposed new school district.
3178 (5) Within 45 days after the day on which a petition described in Subsection (2)(a) is
3179 filed, or five business days after the day on which a request described in Subsection (2)(b) or
3180 (c) is filed, the clerk of each county with which the request or petition is filed shall:
3181 (a) determine whether the request or petition complies with Subsections (2) and (3), as
3182 applicable; and
3183 (b) (i) if the county clerk determines that the request or petition complies with the
3184 applicable requirements:
3185 (A) certify the request or petition and deliver the certified request or petition to the
3186 county legislative body; and
3187 (B) mail or deliver written notification of the certification to the contact sponsor; or
3188 (ii) if the county clerk determines that the request or petition fails to comply with any
3189 of the applicable requirements, reject the request or petition and notify the contact sponsor in
3190 writing of the rejection and reasons for the rejection.
3191 (6) (a) If the county clerk fails to certify or reject a request or petition within the time
3192 specified in Subsection (5), the request or petition is considered to be certified.
3193 (b) (i) If the county clerk rejects a request or petition, the person that submitted the
3194 request or petition may amend the request or petition to correct the deficiencies for which the
3195 request or petition was rejected, and refile the request or petition.
3196 (ii) Subsection (3)(c) does not apply to a request or petition that is amended and refiled
3197 after having been rejected by a county clerk.
3198 (c) If, on or before December 1, a county legislative body receives a request from a
3199 local school board under Subsection (2)(b) or a petition under Subsection (2)(a) that is certified
3200 by the county clerk:
3201 (i) the county legislative body shall appoint an ad hoc advisory committee, as provided
3202 in Subsection (7), on or before January 1;
3203 (ii) the ad hoc advisory committee shall submit its report and recommendations to the
3204 county legislative body, as provided in Subsection (7), on or before July 1; and
3205 (iii) if the legislative body of each county with which a request or petition is filed
3206 approves a proposal to create a new district, each legislative body shall submit the proposal to
3207 the respective county clerk to be voted on by the electors of each existing district at the regular
3208 general or municipal general election held in November.
3209 (7) (a) The legislative body of each county with which a request or petition is filed
3210 shall appoint an ad hoc advisory committee to review and make recommendations on a request
3211 for the creation of a new school district submitted under Subsection (2)(a) or (b).
3212 (b) The advisory committee shall:
3213 (i) seek input from:
3214 (A) those requesting the creation of the new school district;
3215 (B) the local school board and school personnel of each existing school district;
3216 (C) those citizens residing within the geographical boundaries of each existing school
3217 district;
3218 (D) the state board; and
3219 (E) other interested parties;
3220 (ii) review data and gather information on at least:
3221 (A) the financial viability of the proposed new school district;
3222 (B) the proposal's financial impact on each existing school district;
3223 (C) the exact placement of school district boundaries; and
3224 (D) the positive and negative effects of creating a new school district and whether the
3225 positive effects outweigh the negative if a new school district were to be created; and
3226 (iii) make a report to the county legislative body in a public meeting on the committee's
3227 activities, together with a recommendation on whether to create a new school district.
3228 (8) For a request or petition submitted under Subsection (2)(a) or (b):
3229 (a) The county legislative body shall provide for a 45-day public comment period on
3230 the report and recommendation to begin on the day the report is given under Subsection
3231 (7)(b)(iii).
3232 (b) Within 14 days after the end of the comment period, the legislative body of each
3233 county with which a request or petition is filed shall vote on the creation of the proposed new
3234 school district.
3235 (c) The proposal is approved if a majority of the members of the legislative body of
3236 each county with which a request or petition is filed votes in favor of the proposal.
3237 (d) If the proposal is approved, the legislative body of each county with which a
3238 request or petition is filed shall submit the proposal to the county clerk to be voted on:
3239 (i) by the legal voters of each existing school district affected by the proposal;
3240 (ii) in accordance with the procedures and requirements applicable to a regular general
3241 election under Title 20A, Election Code; and
3242 (iii) at the next regular general election or municipal general election, whichever is
3243 first.
3244 (e) Creation of the new school district shall occur if a majority of the electors within
3245 both the proposed school district and each remaining school district voting on the proposal vote
3246 in favor of the creation of the new district.
3247 (f) Each county legislative body shall comply with the requirements of Section
3248 53G-3-203.
3249 (g) If a proposal submitted under Subsection (2)(a) or (b) to create a new district is
3250 approved by the electors, the existing district's documented costs to study and implement the
3251 proposal shall be reimbursed by the new district.
3252 (9) (a) If a proposal submitted under Subsection (2)(c) is certified under Subsection (5)
3253 or (6)(a), the legislative body of each county in which part of the proposed new school district
3254 is located shall submit the proposal to the respective clerk of each county to be voted on:
3255 (i) by the legal voters residing within the proposed new school district boundaries;
3256 (ii) in accordance with the procedures and requirements applicable to a regular general
3257 election under Title 20A, Election Code; and
3258 (iii) at the next regular general election or municipal general election, whichever is
3259 first.
3260 (b) (i) If a majority of the legal voters within the proposed new school district
3261 boundaries voting on the proposal at an election under Subsection (9)(a) vote in favor of the
3262 creation of the new district:
3263 (A) each county legislative body shall comply with the requirements of Section
3264 53G-3-203; and
3265 (B) upon the lieutenant governor's issuance of the certificate under Section 67-1a-6.5,
3266 the new district is created.
3267 (ii) Notwithstanding the creation of a new district as provided in Subsection
3268 (9)(b)(i)(B):
3269 (A) a new school district may not begin to provide educational services to the area
3270 within the new district until July 1 of the second calendar year following the local school board
3271 general election date described in Subsection 53G-3-302(3)(a)(i);
3272 (B) a remaining district may not begin to provide educational services to the area
3273 within the remaining district until the time specified in Subsection (9)(b)(ii)(A); and
3274 (C) each existing district shall continue, until the time specified in Subsection
3275 (9)(b)(ii)(A), to provide educational services within the entire area covered by the existing
3276 district.
3277 Section 45. Section 53G-3-401 is amended to read:
3278 53G-3-401. Consolidation of school districts -- Resolution by local school board
3279 members -- Petition by electors -- Certification of petition signatures -- Removal of
3280 signature -- Election.
3281 (1) Two or more school districts may unite and form a single school district in one of
3282 the following ways:
3283 (a) a majority of the members of each of the local school boards of the affected districts
3284 shall approve and present to the county legislative body of the affected counties a resolution to
3285 consolidate the districts. Once this is done, consolidation shall be established under this
3286 chapter; or
3287 (b) a majority of the members of the local school board of each affected district, or
3288 15% of the [
3289 present a petition to the county legislative body of each affected county. The question shall be
3290 voted upon at an election called for that purpose, which shall be the next general or municipal
3291 election. Consolidation shall occur if a majority of those voting on the question in each district
3292 favor consolidation.
3293 (2) If a registered voter petition is presented to the county legislative body under
3294 Subsection (1)(b):
3295 (a) within three business days after the day on which the county legislative body
3296 receives the petition, the county legislative body shall provide the petition to the county clerk;
3297 and
3298 (b) within 14 days after the day on which a county clerk receives a petition from the
3299 county legislative body, the county clerk shall:
3300 (i) use the procedures described in Section 20A-7-105 to determine whether the
3301 petition satisfies the requirements of Subsection (1)(b) for a registered voter petition;
3302 (ii) certify on the petition whether each name is that of a registered voter in one of the
3303 affected districts; and
3304 (iii) deliver the certified petition to the county legislative body.
3305 (3) (a) A voter who signs a registered voter petition under Subsection (1)(b) may have
3306 the voter's signature removed from the petition by, no later than three business days after the
3307 day on which the county legislative body provides the petition to the county clerk, submitting
3308 to the county clerk a statement requesting that the voter's signature be removed.
3309 (b) A statement described in Subsection (3)(a) shall comply with the requirements
3310 described in Subsection 20A-7-105(9)(e).
3311 (c) A voter may not submit a statement described in Subsection (3)(a) by email or other
3312 electronic means.
3313 (d) The county clerk shall use the procedures described in Section 20A-7-105 to
3314 determine whether to remove an individual's signature from a petition after receiving a timely,
3315 valid statement requesting removal of the signature.
3316 [
3317 returns canvassed as provided by election laws.
3318 Section 46. Section 53G-3-501 is amended to read:
3319 53G-3-501. Transfer of a portion of a school district -- State board resolution --
3320 Local school board petition -- Elector petition -- Certification of petition signatures --
3321 Removal of signature -- Transfer election.
3322 (1) Part of a school district may be transferred to another district in one of the
3323 following ways:
3324 (a) presentation to the county legislative body of each of the affected counties of a
3325 resolution requesting the transfer, approved by at least four-fifths of the members of the local
3326 school board of each affected school district;
3327 (b) presentation to the county legislative body of each affected county of a petition
3328 requesting that the [
3329 of the local school board of each affected school district; or
3330 (c) presentation to the county legislative body of each affected county of a petition
3331 requesting that the [
3332
3333 (2) (a) If an annexation of property by a city would result in its residents being served
3334 by more than one school district, then the presidents of the affected local school boards shall
3335 meet within 60 days prior to the effective date of the annexation to determine whether it would
3336 be advisable to adjust school district boundaries to permit all residents of the expanded city to
3337 be served by a single school district.
3338 (b) Upon conclusion of the meeting, the local school board presidents shall prepare a
3339 recommendation for presentation to their respective local school boards as soon as reasonably
3340 possible.
3341 (c) The local school boards may then initiate realignment proceedings under
3342 Subsection (1)(a) or (b).
3343 (d) If a local school board rejects realignment under Subsection (1)(a) or (b), the other
3344 local school board may initiate the following procedures by majority vote within 60 days of the
3345 vote rejecting realignment:
3346 (i) (A) within 30 days after a vote to initiate these procedures, each local school board
3347 shall appoint one member to a boundary review committee; or
3348 (B) if the local school board becomes deadlocked in selecting the appointee under
3349 Subsection (2)(d)(i)(A), the local school board's chair shall make the appointment or serve as
3350 the appointee to the review committee.
3351 (ii) The two local school board-appointed members of the committee shall meet and
3352 appoint a third member of the committee.
3353 (iii) If the two local school board-appointed members are unable to agree on the
3354 appointment of a third member within 30 days after both are appointed, the state superintendent
3355 shall appoint the third member.
3356 (iv) The committee shall meet as necessary to prepare recommendations concerning
3357 resolution of the realignment issue, and shall submit the recommendations to the affected local
3358 school boards within six months after the appointment of the third member of the committee.
3359 (v) If a majority of the members of each local school board accepts the
3360 recommendation of the committee, or accepts the recommendation after amendment by the
3361 local school boards, then the accepted recommendation shall be implemented.
3362 (vi) If the committee fails to submit its recommendation within the time allotted, or if
3363 one local school board rejects the recommendation, the affected local school boards may agree
3364 to extend the time for the committee to prepare an acceptable recommendation or either local
3365 school board may request the state board to resolve the question.
3366 (vii) If the committee has submitted a recommendation which the state board finds to
3367 be reasonably supported by the evidence, the state board shall adopt the committee's
3368 recommendation.
3369 (viii) The decision of the state board is final.
3370 (3) If a registered voter petition is presented to the county legislative body under
3371 Subsection (1)(c):
3372 (a) within three business days after the day on which the county legislative body
3373 receives the petition, the county legislative body shall provide the petition to the county clerk;
3374 and
3375 (b) within 14 days after the day on which a county clerk receives a petition from the
3376 county legislative body, the county clerk shall:
3377 (i) use the procedures described in Section 20A-7-105 to determine whether the
3378 petition satisfies the requirements of Subsection (1)(c) for a registered voter petition;
3379 (ii) certify on the petition whether each name is that of a registered voter in one of the
3380 affected districts; and
3381 (iii) deliver the certified petition to the county legislative body.
3382 (4) (a) A voter who signs a registered voter petition under Subsection (1)(c) may have
3383 the voter's signature removed from the petition by, no later than three business days after the
3384 day on which the county legislative body provides the petition to the county clerk, submitting
3385 to the county clerk a statement requesting that the voter's signature be removed.
3386 (b) A statement described in Subsection (4)(a) shall comply with the requirements
3387 described in Subsection 20A-7-105(9)(e).
3388 (c) A voter may not submit a statement described in Subsection (4)(a) by email or other
3389 electronic means.
3390 (d) The county clerk shall use the procedures described in Section 20A-7-105 to
3391 determine whether to remove an individual's signature from a petition after receiving a timely,
3392 valid statement requesting removal of the signature.
3393 [
3394 requested under Subsection (1)(b) or (c) at an election called for that purpose, which may be
3395 the next general election.
3396 (b) The election shall be conducted and the returns canvassed as provided by election
3397 law.
3398 (c) A transfer is effected only if a majority of votes cast by the [
3399 the proposed transferor district and in the proposed transferee district are in favor of the
3400 transfer.
3401 Section 47. Section 73-10d-4 is amended to read:
3402 73-10d-4. Notice of intention to enter privatization project -- Petition for election
3403 -- Certification of petition signatures -- Removal of signature -- Election procedures --
3404 Powers of political subdivision -- Public bidding laws not to apply.
3405 (1) The governing authority of any political subdivision considering entering into a
3406 privatization project agreement shall issue a notice of intention setting forth a brief summary of
3407 the agreement provisions and the time within which and place at which petitions may be filed
3408 requesting the calling of an election in the political subdivision to determine whether the
3409 agreement should be approved. The notice of intention shall specify the form of the petitions.
3410 If, within 30 days after the publication of the notice of intention, petitions are filed with the
3411 clerk, recorder, or similar officer of the political subdivision, signed by at least 5% of the
3412 [
3413 clerks of the respective counties within which the political subdivision is located pursuant to
3414 Subsections (7) and (8)) requesting an election be held to authorize the agreement, then the
3415 governing authority shall proceed to call and hold an election. If an adequate petition is not
3416 filed within 30 days, the governing authority may adopt a resolution so finding and may
3417 proceed to enter into the agreement.
3418 (2) If, under Subsection (1), the governing authority of a political subdivision is
3419 required to call an election to authorize an agreement, the governing authority shall adopt a
3420 resolution directing that an election be held in the political subdivision for the purpose of
3421 determining whether the political subdivision may enter into the agreement. The resolution
3422 calling the election shall be adopted, notice of the election shall be given, voting precincts shall
3423 be established, the election shall be held, voters' qualifications shall be determined, and the
3424 results shall be canvassed in the manner and subject to the conditions provided for in Title 11,
3425 Chapter 14, Local Government Bonding Act.
3426 (3) A political subdivision may, upon approval of an agreement as provided by
3427 Subsections (1) and (2) and subject to the powers and rules of the supervising agency:
3428 (a) supervise and regulate the construction, maintenance, ownership, and operation of
3429 all privatization projects within its jurisdiction or in which it has a contractual interest;
3430 (b) contract, by entry into agreements with private owner/operators for the provision
3431 within its jurisdiction of the services of privatization projects;
3432 (c) levy and collect taxes, as otherwise provided by law, and impose and collect
3433 assessments, fees, or charges for services provided by privatization projects, as appropriate,
3434 and, subject to any limitation imposed by the constitution, pledge, assign, or otherwise convey
3435 as security for the payment of its obligations under any agreements any revenues and receipts
3436 derived from any assessments, fees, or charges for services provided by privatization projects;
3437 (d) require the private owner/operator to obtain any and all licenses as appropriate
3438 under federal, state, and local law and impose other requirements which are necessary or
3439 desirable to discharge the responsibility of the political subdivision to supervise and regulate
3440 the construction, maintenance, ownership, and operation of any privatization project;
3441 (e) control the right to contract, maintain, own, and operate any privatization project
3442 and the services provided in connection with that project within its jurisdiction;
3443 (f) purchase, lease, or otherwise acquire all or any part of a privatization project;
3444 (g) with respect to the services of any privatization project, control the right to
3445 establish or regulate the rates paid by the users of the services within the jurisdiction of the
3446 political subdivision;
3447 (h) agree that the sole and exclusive right to provide the services within its jurisdiction
3448 related to privatization projects be assumed by any private owner/operator;
3449 (i) contract for the lease or purchase of land, facilities, equipment, and vehicles for the
3450 operation of privatization projects;
3451 (j) lease, sell, or otherwise convey, as permitted by state and local law, but without any
3452 requirement of competitive public bidding, land, facilities, equipment, and vehicles, previously
3453 used in connection with privatization projects, to private owner/operators; and
3454 (k) establish policies for the operation of any privatization project within its
3455 jurisdiction or with respect to which it has a contractual interest, including hours of operation,
3456 the character and kinds of services, and other rules necessary for the safety of operating
3457 personnel.
3458 (4) Any political subdivision may enter into agreements with respect to privatization
3459 projects. Agreements may contain provisions relating to, without limitation, any matter
3460 provided for in this section or consistent with the purposes of this chapter.
3461 (5) Any agreement entered into between a political subdivision and a private
3462 owner/operator for the provision of the services of a privatization project is considered an
3463 exercise of that political subdivision's business or proprietary power binding upon its
3464 succeeding governing authorities. Any agreement made by a political subdivision with a
3465 private owner/operator for payment for services provided or to be provided may not be
3466 construed to be an indebtedness or a lending of credit of the political subdivision within the
3467 meaning of any constitutional or statutory restriction.
3468 (6) The provisions of the various laws of the state and the rules or ordinances of a
3469 political subdivision which would otherwise require public bidding in respect to any matter
3470 provided for in this chapter shall have no application to that matter.
3471 (7) If a petition is presented to the clerk of a political subdivision under Subsection (1):
3472 (a) as applicable, within three business days after the day on which the clerk receives
3473 the petition, the clerk shall provide the petition to the county clerk for the county in which the
3474 political subdivision is located; and
3475 (b) within 14 days after the day on which a county clerk receives a petition under this
3476 section, the county clerk shall:
3477 (i) use the procedures described in Section 20A-7-105 to determine whether the
3478 petition satisfies the requirements of Subsection (1) for a registered voter petition;
3479 (ii) certify on the petition whether each name is that of a registered voter in the affected
3480 political subdivision; and
3481 (iii) as applicable, deliver the certified petition to the governing authority of the
3482 affected political subdivision.
3483 (8) (a) A voter who signs a petition under Subsection (1) may have the voter's signature
3484 removed from the petition by, no later than three business days after the day on which the
3485 petition is provided to the county clerk, submitting to the county clerk a statement requesting
3486 that the voter's signature be removed.
3487 (b) A statement described in Subsection (8)(a) shall comply with the requirements
3488 described in Subsection 20A-7-105(9)(e).
3489 (c) A voter may not submit a statement described in Subsection (8)(a) by email or other
3490 electronic means.
3491 (d) The county clerk shall use the procedures described in Section 20A-7-105 to
3492 determine whether to remove an individual's signature from a petition after receiving a timely,
3493 valid statement requesting removal of the signature.
3494 Section 48. Repealer.
3495 This bill repeals:
3496 Section 20A-7-205, Manual initiative process -- Obtaining signatures --
3497 Verification -- Removal of signature.
3498 Section 20A-7-206, Manual initiative process -- Submitting the initiative petition --
3499 Certification of signatures by the county clerks -- Transfer to lieutenant governor.
3500 Section 20A-7-206.3, Verification of petition signatures.
3501 Section 20A-7-305, Manual referendum process -- Obtaining signatures --
3502 Verification -- Removal of signature.
3503 Section 20A-7-306, Manual referendum process -- Submitting the referendum
3504 petition -- Certification of signatures by the county clerks -- Transfer to lieutenant
3505 governor.
3506 Section 20A-7-306.3, Verification of petition signatures.
3507 Section 20A-7-505, Manual initiative process -- Obtaining signatures --
3508 Verification -- Removal of signature.
3509 Section 20A-7-506, Manual initiative process -- Submitting the initiative petition --
3510 Certification of signatures by the county clerks -- Transfer to local clerk.
3511 Section 20A-7-506.3, Verification of petition signatures.
3512 Section 20A-7-605, Manual referendum process -- Obtaining signatures --
3513 Verification -- Removal of signature.
3514 Section 20A-7-606, Manual referendum process -- Submitting the referendum
3515 petition -- Certification of signatures by the county clerks -- Transfer to local clerk.
3516 Section 20A-7-606.3, Verification of petition signatures.