1
2
3
4
5
6 Cosponsors:
7 Cheryl K. Acton
8 Gay Lynn Bennion
9 Kera Birkeland
Jefferson S. Burton
Brett Garner
Marsha Judkins
Rosemary T. Lesser
Angela Romero
Raymond P. Ward
Christine F. Watkins
10
11 LONG TITLE
12 General Description:
13 This bill consolidates and amends provisions relating to multiple types of petitions.
14 Highlighted Provisions:
15 This bill:
16 ▸ defines terms;
17 ▸ merges into a single part in the Election Code provisions relating to the process of
18 gathering signatures for, and removing signatures from, multiple types of petitions;
19 and
20 ▸ makes technical and conforming changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 This bill provides a coordination clause.
25 Utah Code Sections Affected:
26 AMENDS:
27 10-2-601, as last amended by Laws of Utah 1993, Chapter 227
28 10-2-701, as enacted by Laws of Utah 1981, Chapter 55
29 10-2a-208, as last amended by Laws of Utah 2019, Chapter 165
30 10-2a-209, as last amended by Laws of Utah 2019, Chapter 165
31 17-2-102, as enacted by Laws of Utah 2009, Chapter 350
32 17-2-103, as renumbered and amended by Laws of Utah 2009, Chapter 350
33 17-2-202, as enacted by Laws of Utah 2009, Chapter 350
34 17-2-203, as renumbered and amended by Laws of Utah 2009, Chapter 350
35 17-3-1, as last amended by Laws of Utah 2011, Chapter 297
36 17-11-2, as last amended by Laws of Utah 2011, Chapter 297
37 17-52a-303, as last amended by Laws of Utah 2020, Chapter 47
38 17-52a-505, as renumbered and amended by Laws of Utah 2018, Chapter 68
39 17B-1-205, as last amended by Laws of Utah 2011, Chapter 68
40 17B-1-209, as last amended by Laws of Utah 2011, Chapter 68
41 17B-1-506, as last amended by Laws of Utah 2011, Chapter 297
42 17B-1-507, as renumbered and amended by Laws of Utah 2007, Chapter 329
43 17B-1-1301, as renumbered and amended by Laws of Utah 2007, Chapter 329
44 17B-1-1305, as renumbered and amended by Laws of Utah 2007, Chapter 329
45 17D-2-502, as enacted by Laws of Utah 2008, Chapter 360
46 20A-7-101, as last amended by Laws of Utah 2022, Chapters 288, 325
47 20A-7-206.1, as enacted by Laws of Utah 2021, Chapter 140
48 20A-7-207, as last amended by Laws of Utah 2022, Chapter 325
49 20A-7-208, as last amended by Laws of Utah 2019, Chapter 275
50 20A-7-213, as last amended by Laws of Utah 2022, Chapter 325
51 20A-7-216, as enacted by Laws of Utah 2022, Chapter 325
52 20A-7-307, as last amended by Laws of Utah 2022, Chapters 274, 325
53 20A-7-314, as enacted by Laws of Utah 2022, Chapter 325
54 20A-7-401.5, as last amended by Laws of Utah 2021, Chapters 84, 140 and 345
55 20A-7-507, as last amended by Laws of Utah 2022, Chapter 325
56 20A-7-515, as enacted by Laws of Utah 2022, Chapter 325
57 20A-7-607, as last amended by Laws of Utah 2022, Chapters 274, 325
58 20A-7-613, as last amended by Laws of Utah 2022, Chapter 325
59 20A-7-615, as enacted by Laws of Utah 2022, Chapter 325
60 20A-8-103, as last amended by Laws of Utah 2019, Chapter 255
61 20A-9-203, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
62 20A-9-403, as last amended by Laws of Utah 2022, Chapter 325
63 20A-9-404, as last amended by Laws of Utah 2019, Chapters 142, 255 and last
64 amended by Coordination Clause, Laws of Utah 2019, Chapter 142
65 20A-9-408, as last amended by Laws of Utah 2022, Chapters 13, 325
66 20A-9-502, as last amended by Laws of Utah 2022, Chapter 13
67 20A-11-802, as last amended by Laws of Utah 2019, Chapter 116
68 20A-15-103, as last amended by Laws of Utah 2019, Chapter 255
69 20A-21-201, as enacted by Laws of Utah 2022, Chapter 325
70 53G-3-301, as last amended by Laws of Utah 2019, Chapter 293
71 53G-3-401, as last amended by Laws of Utah 2019, Chapter 293
72 53G-3-501, as last amended by Laws of Utah 2019, Chapter 293
73 73-10d-4, as last amended by Laws of Utah 2005, Chapter 105
74 ENACTS:
75 20A-1-1001, Utah Code Annotated 1953
76 20A-1-1002, Utah Code Annotated 1953
77 20A-1-1003, Utah Code Annotated 1953
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 Utah Code Sections Affected by Coordination Clause:
93 10-2a-208, as last amended by Laws of Utah 2019, Chapter 165
94 20A-1-1003, Utah Code Annotated 1953
95 20A-7-307, as last amended by Laws of Utah 2022, Chapters 274 and 325
96
97 Be it enacted by the Legislature of the state of Utah:
98 Section 1. Section 10-2-601 is amended to read:
99 10-2-601. Consolidation of two or more municipalities -- Certification of petition
100 signatures -- Removal of signature.
101 (1) The process for consolidating municipalities shall begin by filing with the county
102 legislative bodies of the respective counties in which the municipalities are located:
103 [
104 their intention and desire to form a consolidated municipality; or
105 [
106 municipalities to be included with the boundaries of the consolidated municipality.
107 (2) (a) Within three business days after the day on which a county legislative body
108 receives a petition under Subsection (1)(b), the county legislative body shall provide the
109 petition to the county clerk.
110 (b) Within 14 days after the day on which a county clerk receives a petition from the
111 county legislative body under Subsection (2)(a), the county clerk shall:
112 (i) use the procedures described in Section 20A-1-1002 to determine whether the
113 petition satisfies the requirements of Subsection (1)(b);
114 (ii) certify on the petition whether each name is that of a registered voter in one of the
115 municipalities to be included with the boundaries of the consolidated municipality; and
116 (iii) deliver the certified petition to the county legislative body.
117 (3) (a) A voter who signs a petition under this section may have the voter's signature
118 removed from the petition by, no later than three business days after the day on which the
119 county legislative body provides the petition to the county clerk, submitting to the county clerk
120 a statement requesting that the voter's signature be removed.
121 (b) A statement described in Subsection (3)(a) shall comply with the requirements
122 described in Subsection 20A-1-1003(2).
123 (c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to
124 determine whether to remove an individual's signature from a petition after receiving a timely,
125 valid statement requesting removal of the signature.
126 Section 2. Section 10-2-701 is amended to read:
127 10-2-701. Petition for disincorporation -- Validity -- Certification of petition
128 signatures -- Removal of signature -- District court order for election.
129 (1) Disincorporation of a municipality shall be initiated upon petition.
130 (2) The petition shall bear signatures equal in number to 25% of all votes cast from the
131 municipality at the last congressional election.
132 (3) No signature is valid, for purposes of this section, unless it is that of a registered
133 voter who is a resident of the municipality proposed for disincorporation.
134 (4) The petition containing the specified number of signatures shall be filed with the
135 county clerk for validation by that officer.
136 (5) Within 21 days after the day on which the county clerk receives a petition, the
137 county clerk shall:
138 (a) use the procedures described in Section 20A-1-1002 to determine whether the
139 petition satisfies the requirements of Subsection (2); and
140 (b) certify on the petition whether each name is that of a registered voter from the
141 municipality.
142 (6) (a) A voter who signs a petition under this section may have the voter's signature
143 removed from the petition by, no later than three business days after the day on which the
144 petition is filed with the county clerk, submitting to the county clerk a statement requesting that
145 the voter's signature be removed.
146 (b) A statement described in Subsection (6)(a) shall comply with the requirements
147 described in Subsection 20A-1-1003(2).
148 (c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) 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-1-1003(2).
216 (c) The lieutenant governor shall use the procedures described in Subsection
217 20A-1-1003(3) to determine whether to remove an individual's signature from a petition after
218 receiving a timely, valid statement requesting removal of the signature.
219 [
220 gathered from a voting precinct that:
221 (i) except in a proposed municipality that will be a city of the fifth class, is not located
222 entirely within the boundaries of a proposed city; or
223 (ii) includes less than 50 registered voters.
224 (b) A voting precinct that is not located entirely within the boundaries of the proposed
225 city does not qualify as a voting precinct under Subsection (1)(b).
226 Section 4. Section 10-2a-209 is amended to read:
227 10-2a-209. Processing of petition by lieutenant governor -- Certification or
228 rejection -- Petition modification.
229 (1) Within 45 days after the day on which an incorporation petition is filed under
230 Section 10-2a-208, the lieutenant governor shall:
231 (a) (i) use the procedures described in Section 20A-1-1002 to determine whether a
232 signer is a registered voter; and
233 (ii) with the assistance of other county officers of the county in which the incorporation
234 is proposed, and from whom the lieutenant governor requests assistance, determine whether the
235 petition complies with Section 10-2a-208; and
236 (b) (i) if the lieutenant governor determines that the petition complies with Section
237 10-2a-208, certify the petition and notify in writing the contact sponsor of the certification; or
238 (ii) if the lieutenant governor determines that the petition fails to comply with Section
239 10-2a-208, reject the petition and notify the contact sponsor in writing of the rejection and the
240 reasons for the rejection.
241 (2) (a) If the lieutenant governor rejects a petition under Subsection (1)(b)(ii), the
242 petition sponsors may correct the deficiencies for which the petition was rejected and refile the
243 petition with the lieutenant governor.
244 (b) Notwithstanding the deadline described in Subsection 10-2a-208(1), the petition
245 sponsors may file a modified petition under Subsection (2)(a) no later than 30 days after the
246 day on which the lieutenant governor notifies the contact sponsor of rejection under Subsection
247 (1)(b)(ii).
248 (c) A valid signature on an incorporation petition described in Section 10-2a-208 may
249 be used toward fulfilling the signature requirement described in Subsection 10-2a-208(1) for a
250 petition that is modified under Subsection (2)(a).
251 (3) (a) Within 20 days after the day on which the lieutenant governor receives a
252 modified petition under Subsection (2)(a), the lieutenant governor shall review the modified
253 petition in accordance with Subsection (1).
254 (b) The sponsors of an incorporation petition may not modify the petition more than
255 once.
256 Section 5. Section 17-2-102 is amended to read:
257 17-2-102. Definitions.
258 As used in this part:
259 (1) "Consolidating county" means the county to which another county is joined or is
260 proposed to be joined by consolidation under this part.
261 (2) "Legal voter" means an individual who is registered to vote in Utah.
262 [
263 to another county by consolidation under this part.
264 Section 6. Section 17-2-103 is amended to read:
265 17-2-103. Consolidation of counties -- Petition -- Certification of petition
266 signatures -- Removal of signature -- Election -- Ballot.
267 (1) If a majority of the legal voters of any county desire to have the county joined to
268 and consolidated with an adjoining county, they may petition the county legislative body of the
269 county in which they reside and the county legislative body of the adjoining county.
270 (2) Each petition under Subsection (1) shall be presented before the first Monday in
271 June of any year.
272 (3) (a) Within three business days after the day on which a county legislative body
273 receives a petition under Subsection (1), the county legislative body shall provide the petition
274 to the county clerk.
275 (b) Within 14 days after the day on which a county clerk receives a petition from the
276 county legislative body under Subsection (3)(a), the county clerk shall:
277 (i) use the procedures described in Section 20A-1-1002 to determine whether the
278 petition satisfies the requirements of Subsection (1);
279 (ii) certify on the petition whether each name is that of a registered voter in the county;
280 and
281 (iii) deliver the certified petition to the county legislative body.
282 (4) (a) A voter who signs a petition under this section may have the voter's signature
283 removed from the petition by, no later than three business days after the day on which the
284 county legislative body provides the petition to the county clerk, submitting to the county clerk
285 a statement requesting that the voter's signature be removed.
286 (b) A statement described in Subsection (4)(a) shall comply with the requirements
287 described in Subsection 20A-1-1003(2).
288 (c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to
289 determine whether to remove an individual's signature from a petition after receiving a timely,
290 valid statement requesting removal of the signature.
291 [
292 regular general election is held, the county legislative body of the originating county and the
293 county legislative body of the consolidating county shall cause the proposition to be submitted
294 to the legal voters of their respective counties at the next regular general election.
295 (b) If a petition under Subsection (1) is presented during a year in which there is no
296 regular general election, the county legislative body of the originating county and the county
297 legislative body of the consolidating county shall:
298 (i) call a special election to be held on the first Tuesday after the first Monday in
299 November following the presentation of the petition; and
300 (ii) cause the proposition to be submitted to the legal voters of the respective counties
301 on that day.
302 (c) Except as otherwise provided in this part, an election under this Subsection [
303 shall be held, the results canvassed, and returns made under the provisions of the general
304 election laws of the state.
305 (d) The ballot to be used at an election under this Subsection [
306 For combining ____ county with ____ county.
307 Against combining ____ county with ____ county.
308 Section 7. Section 17-2-202 is amended to read:
309 17-2-202. Definitions.
310 As used in this part:
311 (1) "Annexing county" means the county to which a portion of an adjoining county is
312 annexed or proposed to be annexed as provided in this part.
313 (2) "Initiating county" means the county, from which a portion is annexed or proposed
314 to be annexed to an adjoining county.
315 (3) "Legal voter" means an individual who is registered to vote in Utah.
316 Section 8. Section 17-2-203 is amended to read:
317 17-2-203. Annexation of portion of county to adjoining county -- Petition --
318 Certification of petition signatures -- Removal of signature -- Election -- Ballot.
319 (1) (a) Except as provided in Section 17-2-209, if a majority of the legal voters of any
320 portion of any county, in number equal to a majority of the votes cast at the preceding general
321 election within that portion of the county, desire to have the territory within which they reside
322 included within the boundaries of an adjoining county, they may petition the county legislative
323 body of the county in which they reside and the county legislative body of the adjoining county.
324 (b) Each petition under Subsection (1)(a) shall be presented before the first Monday in
325 June of a year during which a general election is held.
326 (c) If a petition is presented under Subsection (1)(a), at the ensuing regular general
327 election:
328 (i) the legislative body of the initiating county shall cause the proposition to be
329 submitted to the legal voters residing in the initiating county; and
330 (ii) the legislative body of the annexing county shall cause the proposition to be
331 submitted to the legal voters of the annexing county.
332 (2) (a) Within three business days after the day on which a county legislative body
333 receives a petition under Subsection (1), the county legislative body shall provide the petition
334 to the county clerk.
335 (b) Within 14 days after the day on which a county clerk receives a petition from the
336 county legislative body under Subsection (2)(a), the county clerk shall:
337 (i) use the procedures described in Section 20A-1-1002 to determine whether the
338 petition satisfies the requirements of Subsection (1);
339 (ii) certify on the petition whether each name is that of a registered voter in the county;
340 and
341 (iii) deliver the certified petition to the county legislative body.
342 (3) (a) A voter who signs a petition under this section may have the voter's signature
343 removed from the petition by, no later than three business days after the day on which the
344 county legislative body provides the petition to the county clerk, submitting to the county clerk
345 a statement requesting that the voter's signature be removed.
346 (b) A statement described in Subsection (3)(a) shall comply with the requirements
347 described in Subsection 20A-1-1003(2).
348 (c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to
349 determine whether to remove an individual's signature from a petition after receiving a timely,
350 valid statement requesting removal of the signature.
351 [
352 be held, the results canvassed, and returns made under the provisions of the general election
353 laws of the state.
354 (b) The ballot to be used shall be:
355 For annexing a portion of ____ county to ____ county.
356 Against annexing a portion of ____ county to ____ county.
357 Section 9. Section 17-3-1 is amended to read:
358 17-3-1. Creating a new county -- Petition -- Certification of petition signatures --
359 Removal of signature -- Election -- Ballots.
360 (1) Whenever any number of the [
361 any county desire to have the territory within which they reside created into a new county they
362 may file a petition for the creation of a new county with the county legislative body of the
363 county in which they reside.
364 (2) The petition shall be signed by at least one-fourth of the [
365 registered voters as shown by the registration list of the last preceding general election, residing
366 in that portion of the county to be created into a new county, and by not less than one-fourth of
367 the [
368 (3) The petition shall be presented on or before the first Monday in May of any year,
369 and shall propose the name and define the boundaries of the new county.
370 (4) (a) Within three business days after the day on which a county legislative body
371 receives a petition under Subsection (1), the county legislative body shall provide the petition
372 to the county clerk.
373 (b) Within 14 days after the day on which a county clerk receives a petition from the
374 county legislative body under Subsection (4)(a), the county clerk shall:
375 (i) use the procedures described in Section 20A-1-1002 to determine whether the
376 petition satisfies the requirements of Subsection (2);
377 (ii) certify on the petition whether each name is that of a registered voter in the county;
378 and
379 (iii) deliver the certified petition to the county legislative body.
380 (5) (a) A voter who signs a petition under this section may have the voter's signature
381 removed from the petition by, no later than three business days after the day on which the
382 county legislative body provides the petition to the county clerk, submitting to the county clerk
383 a statement requesting that the voter's signature be removed.
384 (b) A statement described in Subsection (5)(a) shall comply with the requirements
385 described in Subsection 20A-1-1003(2).
386 (c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to
387 determine whether to remove an individual's signature from a petition after receiving a timely,
388 valid statement requesting removal of the signature.
389 (6) The county legislative body shall cause the proposition to be submitted to the legal
390 voters residing in the county at a special election to be held according to the dates established
391 in Section 20A-1-204, first causing 30 days' notice of the election to be given in the manner
392 provided by law for giving notice of general elections.
393 (7) The election shall be held, the result canvassed, and returns made under the
394 provisions of the general election laws.
395 (8) The form of ballot to be used at such election shall be:
396 For the creation of (supplying the name proposed) county.
397 Against the creation of (supplying the name proposed) county.
398 Section 10. Section 17-11-2 is amended to read:
399 17-11-2. Initiating petitions -- Certification of petition signatures -- Removal of
400 signature -- Limitation.
401 (1) Whenever there is presented to the county legislative body of any county a petition
402 signed by [
403 the votes cast at the preceding general election, praying for the submission of the question of
404 the removal of the county seat, it shall be the duty of the county legislative body to submit the
405 question of the removal at the next general election to the [
406 of the county[
407 (2) (a) Within three business days after the day on which a county legislative body
408 receives a petition under Subsection (1), the county legislative body shall provide the petition
409 to the county clerk.
410 (b) Within 14 days after the day on which a county clerk receives a petition from the
411 county legislative body under Subsection (2)(a), the county clerk shall:
412 (i) use the procedures described in Section 20A-1-1002 to determine whether the
413 petition satisfies the requirements of Subsection (1);
414 (ii) certify on the petition whether each name is that of a registered voter in the county;
415 and
416 (iii) deliver the certified petition to the county legislative body.
417 (3) (a) A voter who signs a petition under this section may have the voter's signature
418 removed from the petition by, no later than three business days after the day on which the
419 county legislative body provides the petition to the county clerk, submitting to the county clerk
420 a statement requesting that the voter's signature be removed.
421 (b) A statement described in Subsection (3)(a) shall comply with the requirements
422 described in Subsection 20A-1-1003(2).
423 (c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to
424 determine whether to remove an individual's signature from a petition after receiving a timely,
425 valid statement requesting removal of the signature.
426 (4) The election shall be conducted and the returns canvassed in all respects as
427 provided by law for the conducting of general elections and canvassing the returns.
428 (5) A proposition of removal of the county seat may not be submitted in the same
429 county more than once in four years, or within four years after the day on which a proposition
430 of removal of the county seat is submitted.
431 Section 11. Section 17-52a-303 is amended to read:
432 17-52a-303. Registered voter initiation of adoption of optional plan --
433 Certification of petition signatures -- Removal of signature -- Procedure.
434 (1) (a) Registered voters of a county may initiate the process of adopting an optional
435 plan by filing with the county clerk a notice of intent to gather signatures for a petition:
436 (i) for the establishment of a study committee described in Section 17-52a-403; or
437 (ii) to adopt an optional plan that:
438 (A) accompanies the petition during the signature gathering process and accompanies
439 the petition in the submission to the county clerk under Subsection (2)(b); and
440 (B) complies with the requirements described in Sections 17-52a-404 and 17-52a-405.
441 (b) A notice of intent described in Subsection (1)(a) shall:
442 (i) designate five sponsors for the petition;
443 (ii) designate a contact sponsor to serve as the primary contact for the petition
444 sponsors;
445 (iii) list the mailing address and telephone number of each of the sponsors; and
446 (iv) be signed by each of the petition sponsors.
447 (c) Registered voters of a county may not file a notice of intent to gather signatures in
448 bad faith.
449 (2) (a) The sponsors of a petition may circulate the petition after filing a notice of
450 intent to gather signatures under Subsection (1).
451 (b) (i) Except as provided in Subsection (2)(b)(ii), the petition is valid if the petition
452 contains the number of legal signatures required under Subsection 20A-7-501(2).
453 (ii) For a county of the fifth or sixth class, the petition is valid if the petition contains at
454 least the number of legal signatures equal to 30% of the number of active voters, as defined in
455 Section 20A-7-501, in the county.
456 (iii) The county clerk may not count a signature that was collected for the petition
457 before the petition sponsors filed a notice of intent under Subsection (1)(a).
458 (iv) Notwithstanding any other provision of law, an individual may not sign a petition
459 circulated under this section by electronic signature as defined in Section 20A-1-202.
460 (c) Except as provided in Subsection (4)(b)(ii), the sponsors of the petition shall submit
461 the completed petition and any amended or supplemental petition described in Subsection (4)
462 with the county clerk not more than 180 days after the day on which the sponsors file the notice
463 described in Subsection (1).
464 (d) (i) Within 30 days after the day on which the sponsors submit a petition, the
465 sponsors shall submit financial disclosures to the county clerk that include:
466 (A) a list of each contribution received by the sponsors and the name of the donor; and
467 (B) a list of each expenditure for purposes of furthering or sponsoring the petition and
468 the recipient of each expenditure.
469 (ii) The county clerk shall publish the financial disclosures described in Subsection
470 (2)(d)(i).
471 (iii) All sponsors of a petition shall date and sign each list described in Subsection
472 (2)(d)(i).
473 (3) Within 30 days after the day on which the sponsors submit a petition under
474 Subsection (2)(c) or an amended or supplemental petition under Subsection (4), the county
475 clerk shall:
476 (a) (i) use the procedures described in Section 20A-1-1002 to determine whether a
477 signer is a registered voter; and
478 (ii) determine whether the petition or amended or supplemental petition has been
479 signed by the required number of registered voters;
480 (b) (i) if the petition was signed by a sufficient number of registered voters:
481 (A) certify the petition;
482 (B) deliver the petition to the county legislative body and county executive; and
483 (C) notify the contact sponsor in writing of the certification; or
484 (ii) if the petition was not signed by a sufficient number of registered voters:
485 (A) reject the petition; and
486 (B) notify the county legislative body and the contact sponsor in writing of the
487 rejection and the reasons for the rejection; and
488 (c) for a petition described in Subsection (1)(a)(ii), no later than 10 days after the day
489 on which the county clerk certifies the petition under Subsection (3)(b)(i), the county clerk
490 shall send a copy of the optional plan that accompanied the petition to the county attorney for
491 review in accordance with Section 17-52a-406.
492 (4) The sponsors of a petition circulated under this section may submit supplemental
493 signatures for the petition:
494 (a) if the county clerk rejects the petition under Subsection (3)(b)(ii); and
495 (b) before the earlier of:
496 (i) the deadline described in Subsection (2)(c); or
497 (ii) 20 days after the day on which the county clerk rejects the petition under
498 Subsection (3)(b)(ii).
499 (5) With the unanimous approval of petition sponsors, a petition filed under this
500 section may be withdrawn at any time within 90 days after the day on which the county clerk
501 certifies the petition under Subsection (3)(b)(i) and no later than 45 days before an election
502 under Section 17-52a-501 if the petition included a notification to petition signers, in
503 conspicuous language and in a conspicuous location, that the petition sponsors are authorized
504 to withdraw the petition.
505 (6) (a) A voter who signs a petition under this section may have the voter's signature
506 removed from the petition by, no later than three business days after the day on which the
507 sponsors submit the petition to the county clerk, submitting to the county clerk a statement
508 requesting that the voter's signature be removed.
509 (b) A statement described in Subsection (6)(a) shall comply with the requirements
510 described in Subsection 20A-1-1003(2).
511 (c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to
512 determine whether to remove an individual's signature from a petition after receiving a timely,
513 valid statement requesting removal of the signature.
514 Section 12. Section 17-52a-505 is amended to read:
515 17-52a-505. Repeal of optional plan -- Certification of petition signatures --
516 Removal of signature.
517 (1) An optional plan that the voters in an election adopt under this chapter may be
518 repealed as provided in this section.
519 (2) Registered voters of a county that has adopted an optional plan may initiate the
520 process of repealing an optional plan by filing a petition for the repeal of the optional plan.
521 (3) (a) Registered voters of a county may not file a petition to repeal an optional plan
522 sooner than four years or more than five years after the election of county officers under
523 Section 17-52a-503.
524 (b) (i) If the registered voters file a petition to repeal an optional plan under this
525 section, the petition is certified, and the optional plan is not repealed at an election described in
526 Subsection [
527 least four, and not more than five, years after the certification of the original petition.
528 (ii) If, after four years, the voters file a subsequent petition under Subsection (3)(b)(i),
529 the voters:
530 (A) may not circulate or file another petition to repeal until at least four, and not more
531 than five, years after certification of the subsequent petition; and
532 (B) shall wait an additional four, and not more than five, years after the date of
533 certification of the previous petition for each petition filed thereafter.
534 (4) A petition described in Subsection (2) shall:
535 (a) be signed by registered voters residing in the county:
536 (i) equal in number to at least 15% of the total number of votes cast in each precinct
537 described in Subsection (4)(a)(ii) for all candidates for president of the United States at the
538 most recent election in which a president of the United States was elected; and
539 (ii) who represent at least 85% of the voting precincts located within the county;
540 (b) designate up to five of the petition signers as sponsors, designating one petition
541 signer as the contact sponsor, with the mailing address and telephone number of each; and
542 (c) be filed in the office of the clerk of the county in which the petition signers reside.
543 (5) Within 30 days after the filing of a petition under Subsection (2) or an amended
544 petition under Subsection (6), the county clerk shall:
545 (a) (i) use the procedures described in Section 20A-1-1002 to determine whether a
546 signer is a registered voter; and
547 (ii) determine whether the required number of voters have signed the petition or
548 amended petition has been signed by the required number of registered voters; and
549 (b) (i) if a sufficient number of voters have signed the petition, certify the petition or
550 amended petition and deliver it to the county legislative body, and notify in writing the contact
551 sponsor of the certification; or
552 (ii) if a sufficient number of voters have not signed the petition, reject the petition or
553 the amended petition and notify the county legislative body and the contact sponsor in writing
554 of the rejection and the reasons for the rejection.
555 (6) If a county clerk rejects a petition or an amended petition under Subsection
556 (5)(b)(ii), the petition may be amended or an amended petition may be further amended with
557 additional signatures and refiled within 20 days of the date of rejection.
558 (7) (a) A voter who signs a petition under this section may have the voter's signature
559 removed from the petition by, no later than three business days after the day on which the
560 sponsors file the petition in the office of the county clerk, submitting to the county clerk a
561 statement requesting that the voter's signature be removed.
562 (b) A statement described in Subsection (7)(a) shall comply with the requirements
563 described in Subsection 20A-1-1003(2).
564 (c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to
565 determine whether to remove an individual's signature from a petition after receiving a timely,
566 valid statement requesting removal of the signature.
567 [
568 legislative body shall hold an election on the proposal to repeal the optional plan at the next
569 regular general election that is at least 60 days after the day on which the county clerk certifies
570 the petition.
571 [
572 the proposal to repeal the optional plan vote in favor of repealing:
573 (a) the optional plan is repealed, effective January 1 of the year following the election
574 of county officers under Subsection [
575 (b) upon the effective date of the repeal under Subsection [
576 government under which the county operates reverts to the form it had before the optional plan
577 was adopted; and
578 (c) the county officers under the form of government to which the county reverts, who
579 are different than the county officers under the repealed optional plan, shall be elected at the
580 next regular general election following the election under Subsection [
581 Section 13. Section 17B-1-205 is amended to read:
582 17B-1-205. Petition and request requirements -- Withdrawal of signature.
583 (1) Each petition and request shall:
584 (a) indicate the typed or printed name and current residence address of each property
585 owner, groundwater right owner, or registered voter signing the petition;
586 (b) (i) if it is a property owner request or petition, indicate the address of the property
587 as to which the owner is signing the request or petition; or
588 (ii) if it is a groundwater right owner request or petition, indicate the location of the
589 diversion of the groundwater as to which the owner is signing the groundwater right owner
590 request or petition;
591 (c) describe the entire area of the proposed local district;
592 (d) be accompanied by a map showing the boundaries of the entire proposed local
593 district;
594 (e) specify the service proposed to be provided by the proposed local district;
595 (f) if the petition or request proposes the creation of a specialized local district, specify
596 the type of specialized local district proposed to be created;
597 (g) for a proposed basic local district:
598 (i) state whether the members of the board of trustees will be elected or appointed or
599 whether some members will be elected and some appointed, as provided in Section
600 17B-1-1402;
601 (ii) if one or more members will be elected, state the basis upon which each elected
602 member will be elected; and
603 (iii) if applicable, explain how the election or appointment of board members will
604 transition from one method to another based on stated milestones or events, as provided in
605 Section 17B-1-1402;
606 (h) for a proposed improvement district whose remaining area members or county
607 members, as those terms are defined in Section 17B-2a-404, are to be elected, state that those
608 members will be elected; and
609 (i) for a proposed service area that is entirely within the unincorporated area of a single
610 county, state whether the initial board of trustees will be:
611 (i) the county legislative body;
612 (ii) appointed as provided in Section 17B-1-304; or
613 (iii) elected as provided in Section 17B-1-306;
614 (j) designate up to five signers of the petition or request as sponsors, one of whom shall
615 be designated as the contact sponsor, with the mailing address and telephone number of each;
616 (k) if the petition or request is a groundwater right owner petition or request proposing
617 the creation of a local district to acquire a groundwater right under Section 17B-1-202, explain
618 the anticipated method:
619 (i) of paying for the groundwater right acquisition; and
620 (ii) of addressing blowing dust created by the reduced use of water; and
621 (l) if the petition or request is a groundwater right owner petition or request proposing
622 the creation of a local district to assess a groundwater right under Section 17B-1-202, explain
623 the anticipated method:
624 (i) of assessing the groundwater right and securing payment of the assessment; and
625 (ii) of addressing blowing dust created by the reduced use of water.
626 (2) A signer of a request or petition may withdraw or, once withdrawn, reinstate the
627 signer's signature at any time before the filing of the request or petition by filing a written
628 withdrawal or reinstatement with:
629 (a) in the case of a request:
630 (i) the clerk of the county or the clerk or recorder of the municipality in whose
631 applicable area the signer's property is located, if the request is a property owner request;
632 (ii) the clerk of the county or the clerk or recorder of the municipality in whose
633 applicable area the signer's groundwater diversion point is located, if the request is a
634 groundwater right owner request; or
635 (iii) the clerk of the county or the clerk or recorder of the municipality in whose
636 applicable area the signer resides, if the request is a registered voter request; or
637 (b) in the case of a petition, the responsible clerk.
638 (3) (a) A clerk of the county who receives a timely, valid written withdrawal or
639 reinstatement from a signer of a registered voter request or registered voter petition shall use
640 the procedures described in Subsection 20A-1-1003(3) to determine whether to remove or
641 reinstate the individual's signature.
642 (b) If a municipal clerk or recorder receives a timely, valid written withdrawal or
643 reinstatement from a signer of a registered voter request or registered voter petition, the clerk of
644 the municipality's county shall assist the municipal clerk or recorder with determining whether
645 to remove or reinstate the individual's signature using the procedures described in Subsection
646 20A-1-1003(3).
647 Section 14. Section 17B-1-209 is amended to read:
648 17B-1-209. Petition certification -- Amended petition.
649 (1) No later than five days after the day on which a petition is filed, the responsible
650 clerk shall mail a copy of the petition to the clerk of each other county and the clerk or recorder
651 of each municipality in which any part of the proposed local district is located.
652 (2) (a) No later than 35 days after the day on which a petition is filed, the clerk of each
653 county whose unincorporated area includes and the clerk or recorder of each municipality
654 whose boundaries include part of the proposed local district shall:
655 (i) with the assistance of other county or municipal officers from whom the county
656 clerk or municipal clerk or recorder requests assistance, determine, for the clerk or recorder's
657 respective county or municipality, whether the petition complies with the requirements of
658 Subsection 17B-1-203(1)(a), (b), or (c), as the case may be, and Subsections 17B-1-208(2), (3),
659 and (4); and
660 (ii) notify the responsible clerk in writing of the clerk or recorder's determination under
661 Subsection (2)(a)(i).
662 (b) The responsible clerk may rely on the determinations of other county clerks or
663 municipal clerks or recorders under Subsection (2)(a) in making the responsible clerk's
664 determinations and certification or rejection under Subsection (3).
665 (3) (a) Within 45 days after the filing of a petition, the responsible clerk shall:
666 (i) determine whether the petition complies with Subsection 17B-1-203(1)(a), (b), or
667 (c), as the case may be, Subsection 17B-1-205(1), and Section 17B-1-208; and
668 (ii) (A) if the responsible clerk determines that the petition complies with the
669 applicable requirements:
670 (I) (Aa) certify the petition and deliver the certified petition to the responsible body;
671 and
672 (Bb) mail or deliver written notification of the certification to the contact sponsor; or
673 (II) for each petition described in Subsection (3)(b)(i), deliver a copy of the petition to
674 the legislative body of each county whose unincorporated area includes and each municipality
675 whose boundaries include any of the proposed basic local district, with a notice indicating that
676 the clerk has determined that the petition complies with applicable requirements; or
677 (B) if the responsible clerk determines that the petition fails to comply with any of the
678 applicable requirements, reject the petition and notify the contact sponsor in writing of the
679 rejection and the reasons for the rejection.
680 (b) (i) A petition for which an election is not required under Subsection 17B-1-214(3)
681 and that proposes the creation of a basic local district that has within its boundaries fewer than
682 one residential dwelling unit per 10 acres of land may not be certified without the approval, by
683 resolution, of the legislative body of each county whose unincorporated area includes and each
684 municipality whose boundaries include any of the proposed local district.
685 (ii) Before adopting a resolution giving its approval under Subsection (3)(b)(i), a
686 county or municipal legislative body may hold one or more public hearings on the petition.
687 (iii) If a petition described in Subsection (3)(b)(i) is approved as provided in that
688 subsection, the responsible clerk shall, within 10 days after its approval:
689 (A) certify the petition and deliver the certified petition to the responsible body; and
690 (B) mail or deliver written notification of the certification to the contact sponsor.
691 (4) Except for a petition described in Subsection (3)(b)(i), if the responsible clerk fails
692 to certify or reject a petition within 45 days after its filing, the petition shall be considered to be
693 certified.
694 (5) The responsible clerk shall certify or reject petitions in the order in which they are
695 filed.
696 (6) (a) If the responsible clerk rejects a petition under Subsection (3)(a)(ii)(B), the
697 petition may be amended to correct the deficiencies for which it was rejected and then refiled.
698 (b) A valid signature on a petition that was rejected under Subsection (3)(a)(ii)(B) may
699 be used toward fulfilling the applicable signature requirement of the petition as amended under
700 Subsection (6)(a).
701 (c) If a petition is amended and refiled under Subsection (6)(a) after having been
702 rejected by the responsible clerk under Subsection (3)(a)(ii)(B), the amended petition shall be
703 considered as newly filed, and its processing priority shall be determined by the date on which
704 it is refiled.
705 (7) The responsible clerk and each county clerk and municipal clerk or recorder shall :
706 (a) act in good faith in making the determinations under this section[
707 (b) with the assistance of the county clerk if necessary, and as applicable, use the
708 procedures described in Section 20A-1-1002 to determine whether a signer is a registered
709 voter.
710 Section 15. Section 17B-1-506 is amended to read:
711 17B-1-506. Withdrawal petition requirements -- Removal of signature.
712 (1) Each petition under Section 17B-1-504 shall:
713 (a) indicate the typed or printed name and current address of each owner of acre-feet of
714 water, property owner, registered voter, or authorized representative of the governing body
715 signing the petition;
716 (b) separately group signatures by municipality and, in the case of unincorporated
717 areas, by county;
718 (c) if it is a petition signed by the owners of land, the assessment of which is based on
719 acre-feet of water, indicate the address of the property and the property tax identification parcel
720 number of the property as to which the owner is signing the request;
721 (d) designate up to three signers of the petition as sponsors, or in the case of a petition
722 filed under Subsection 17B-1-504(1)(a)(iv), designate a governmental representative as a
723 sponsor, and in each case, designate one sponsor as the contact sponsor with the mailing
724 address and telephone number of each;
725 (e) state the reasons for withdrawal; and
726 (f) when the petition is filed with the local district board of trustees, be accompanied by
727 a map generally depicting the boundaries of the area proposed to be withdrawn and a legal
728 description of the area proposed to be withdrawn.
729 (2) (a) The local district may prepare an itemized list of expenses, other than attorney
730 expenses, that will necessarily be incurred by the local district in the withdrawal proceeding.
731 The itemized list of expenses may be submitted to the contact sponsor. If the list of expenses is
732 submitted to the contact sponsor within 21 days after receipt of the petition, the contact sponsor
733 on behalf of the petitioners shall be required to pay the expenses to the local district within 90
734 days of receipt. Until funds to cover the expenses are delivered to the local district, the district
735 will have no obligation to proceed with the withdrawal and the time limits on the district stated
736 in this part will be tolled. If the expenses are not paid within the 90 days, or within 90 days
737 from the conclusion of any arbitration under Subsection (2)(b), the petition requesting the
738 withdrawal shall be considered to have been withdrawn.
739 (b) If there is no agreement between the board of trustees of the local district and the
740 contact sponsor on the amount of expenses that will necessarily be incurred by the local district
741 in the withdrawal proceeding, either the board of trustees or the contact sponsor may submit
742 the matter to binding arbitration in accordance with Title 78B, Chapter 6, Part 2, Alternative
743 Dispute Resolution Act; provided that, if the parties cannot agree upon an arbitrator and the
744 rules and procedures that will control the arbitration, either party may pursue arbitration under
745 Title 78B, Chapter 11, Utah Uniform Arbitration Act.
746 (3) (a) A signer of a petition may withdraw or, once withdrawn, reinstate the signer's
747 signature at any time before the public hearing under Section 17B-1-508 by submitting a
748 written statement requesting withdrawal or reinstatement with the board of trustees of the local
749 district in which the area proposed to be withdrawn is located.
750 (b) A statement described in Subsection (3)(a) shall comply with the requirements
751 described in Subsection 20A-1-1003(2).
752 (c) As applicable and using the procedures described in Subsection 20A-1-1003(3), the
753 county clerk shall assist the board of trustees to determine whether to remove or reinstate a
754 registered voter's signature after the voter submits a timely, valid statement described in
755 Subsection (3)(a).
756 (4) If it reasonably appears that, if the withdrawal which is the subject of a petition
757 filed under Subsection 17B-1-504(1)(a)(i) or (ii) is granted, it will be necessary for a
758 municipality to provide to the withdrawn area the service previously supplied by the local
759 district, the board of trustees of the local district may, within 21 days after receiving the
760 petition, notify the contact sponsor in writing that, before it will be considered by the board of
761 trustees, the petition shall be presented to and approved by the governing body of the
762 municipality as provided in Subsection 17B-1-504(1)(a)(iv) before it will be considered by the
763 local district board of trustees. If the notice is timely given to the contact sponsor, the petition
764 shall be considered to have been withdrawn until the municipality files a petition with the local
765 district under Subsection 17B-1-504(1)(a)(iv).
766 (5) (a) After receiving the notice required by Subsection 17B-1-504(2), unless
767 specifically allowed by law, a public entity may not make expenditures from public funds to
768 support or oppose the gathering of signatures on a petition for withdrawal.
769 (b) Nothing in this section prohibits a public entity from providing factual information
770 and analysis regarding a withdrawal petition to the public, so long as the information grants
771 equal access to both the opponents and proponents of the petition for withdrawal.
772 (c) Nothing in this section prohibits a public official from speaking, campaigning,
773 contributing personal money, or otherwise exercising the public official's constitutional rights.
774 Section 16. Section 17B-1-507 is amended to read:
775 17B-1-507. Withdrawal petition certification -- Amended petition.
776 (1) Within 30 days after the filing of a petition under Sections 17B-1-504 and
777 17B-1-506, the board of trustees of the local district in which the area proposed to be
778 withdrawn is located shall:
779 (a) (i) as necessary and with the assistance of the county clerk of the county in which
780 the area proposed to be withdrawn is located, use the procedures described in Section
781 20A-1-1002 to determine whether a signer is a registered voter; and
782 (ii) with the assistance of officers of the county in which the area proposed to be
783 withdrawn is located, determine whether the petition meets the requirements of Sections
784 17B-1-504 and 17B-1-506; and
785 (b) (i) if the petition complies with the requirements set forth in Sections 17B-1-504
786 and 17B-1-506, certify the petition and mail or deliver written notification of the certification
787 to the contact sponsor; or
788 (ii) if the petition fails to comply with any of the requirements set forth in Sections
789 17B-1-504 and 17B-1-506, reject the petition as insufficient and mail or deliver written
790 notification of the rejection and the reasons for the rejection to the contact sponsor.
791 (2) (a) If the board rejects the petition under Subsection (1)(b)(ii), the petition may be
792 amended to correct the deficiencies for which it was rejected and then refiled within 60 days
793 after notice of the rejection.
794 (b) A valid signature on a petition that was rejected under Subsection (1)(b)(ii) may be
795 used toward fulfilling the applicable signature requirement for an amended petition refiled
796 under Subsection (2)(a).
797 (3) The board of trustees shall process an amended petition refiled under Subsection
798 (2)(a) in the same manner as an original petition under Subsection (1). If an amended petition
799 is rejected for failure to comply with the requirements of Sections 17B-1-504 and 17B-1-506,
800 the board of trustees shall issue a final rejection of the petition for insufficiency and mail or
801 deliver written notice of the final rejection to the contact sponsor.
802 (4) (a) A signer of a petition for which there has been a final rejection under Subsection
803 (3) for insufficiency may seek judicial review of the board of trustees' final decision to reject
804 the petition as insufficient.
805 (b) Judicial review under Subsection (4)(a) shall be initiated by filing an action in state
806 district court in the county in which a majority of the area proposed to be withdrawn is located.
807 (c) The court in which an action is filed under this Subsection (4) may not overturn the
808 board of trustees' decision to reject the petition unless the court finds that:
809 (i) the board of trustees' decision was arbitrary or capricious; or
810 (ii) the petition materially complies with the requirements set forth in Sections
811 17B-1-504 and 17B-1-506.
812 (d) The court may award costs and expenses of an action under this section, including
813 reasonable attorney fees, to the prevailing party.
814 Section 17. Section 17B-1-1301 is amended to read:
815 17B-1-1301. Definitions.
816 For purposes of this part:
817 (1) "Active" means, with respect to a local district, that the district is not inactive.
818 (2) "Administrative body" means:
819 (a) if the local district proposed to be dissolved has a duly constituted board of trustees
820 in sufficient numbers to form a quorum, the board of trustees; or
821 (b) except as provided in Subsection (2)(a):
822 (i) for a local district located entirely within a single municipality, the legislative body
823 of that municipality;
824 (ii) for a local district located in multiple municipalities within the same county or at
825 least partly within the unincorporated area of a county, the legislative body of that county; or
826 (iii) for a local district located within multiple counties, the legislative body of the
827 county whose boundaries include more of the local district than is included within the
828 boundaries of any other county.
829 (3) "Clerk" means:
830 (a) the board of trustees if the board is also the administrative body under Subsection
831 (2)(a);
832 (b) the clerk or recorder of the municipality whose legislative body is the
833 administrative body under Subsection (2)(b)(i); or
834 (c) the clerk of the county whose legislative body is the administrative body under
835 Subsection (2)(b)(ii) or (iii).
836 (4) "Inactive" means, with respect to a local district, that during the preceding three
837 years the district has not:
838 (a) provided any service or otherwise operated;
839 (b) received property taxes or user or other fees; and
840 (c) expended any funds.
841 (5) "Registered voter petition" means a petition under Subsection
842 17B-1-1303(1)(a)(ii)(B) or 17B-1-1303(2)(c)(ii).
843 Section 18. Section 17B-1-1305 is amended to read:
844 17B-1-1305. Petition certification -- Withdrawal of signature.
845 (1) Within 30 days after the filing of a petition under Subsection 17B-1-1303(1)(a) or
846 (2), the clerk shall:
847 (a) with the assistance of officers of the county in which the local district is located
848 from whom the clerk requests assistance, determine whether the petition meets the
849 requirements of Section 17B-1-1303 and Subsection 17B-1-1304(1); and
850 (b) (i) if the clerk determines that the petition complies with the requirements, certify
851 the petition and mail or deliver written notification of the certification to the contact sponsor;
852 or
853 (ii) if the clerk determines that the petition fails to comply with any of the
854 requirements, reject the petition and mail or deliver written notification of the rejection and the
855 reasons for the rejection to the contact sponsor.
856 (2) For a registered voter petition, the county clerk shall determine or shall assist a
857 board of trustees or municipal clerk or recorder with determining whether a signer is a
858 registered voter using the procedures described in Section 20A-1-1002.
859 [
860 be amended to correct the deficiencies for which it was rejected and then refiled.
861 (b) A valid signature on a petition that was rejected under Subsection (1)(b)(ii) may be
862 used toward fulfilling the applicable signature requirement of the petition as amended under
863 Subsection [
864 [
865 (3)(a) in the same manner as an original petition under Subsection (1).
866 (5) (a) A signer of a petition may withdraw or, once withdrawn, reinstate the signer's
867 signature at any time before the public hearing under Section 17B-1-1306 by submitting a
868 written statement requesting withdrawal or reinstatement with the clerk.
869 (b) For a registered voter petition:
870 (i) a statement described in Subsection (5)(a) shall comply with the requirements
871 described in Subsection 20A-1-1003(2); and
872 (ii) the county clerk shall determine or shall assist a board of trustees or municipal
873 clerk or recorder with determining whether to remove or reinstate the signer's signature using
874 the procedures described in Subsection 20A-1-1003(3).
875 Section 19. Section 17D-2-502 is amended to read:
876 17D-2-502. Required process for issuance of local building authority bonds --
877 Certification of petition signatures -- Removal of signature.
878 (1) A local building authority may not issue bonds unless the creating local entity's
879 governing body approves the issuance and terms of the bonds.
880 (2) (a) Before issuing bonds, the authority board of a local building authority shall give
881 public notice of the authority board's intent to issue bonds.
882 (b) (i) A local building authority may not issue bonds without the approval of the
883 creating local entity's voters if, within 30 days after the notice under Subsection (2)(a) is given,
884 a written petition requesting an election is filed with the local building authority, signed by at
885 least 20% of the active voters, as defined in Section 20A-1-102, within the creating local entity.
886 (ii) Each election under Subsection (2)(b)(i) shall be held as provided in Title 11,
887 Chapter 14, Local Government Bonding Act, in the same manner as an election for general
888 obligation bonds issued by the creating local entity.
889 (3) (a) Within three business days after the day on which a local building authority
890 receives a petition under Subsection (2)(b)(i), the local building authority shall provide the
891 petition to the county clerk of the county in which the creating local entity is located.
892 (b) Within 14 days after the day on which a county clerk receives a petition from the
893 local building authority under Subsection (3)(a), the county clerk shall:
894 (i) use the procedures described in Section 20A-1-1002 to determine whether the
895 petition satisfies the requirements of Subsection (2)(b)(i);
896 (ii) certify on the petition whether each name is that of an active voter within the
897 creating local entity; and
898 (iii) deliver the certified petition to the local building authority.
899 (4) (a) A voter who signs a petition under this section may have the voter's signature
900 removed from the petition by, no later than three business days after the day on which the local
901 building authority provides the petition to the county clerk, submitting to the county clerk a
902 statement requesting that the voter's signature be removed.
903 (b) A statement described in Subsection (4)(a) shall comply with the requirements
904 described in Subsection 20A-1-1003(2).
905 (c) The county clerk shall use the procedures described in Section 20A-1-1003(3) to
906 determine whether to remove an individual's signature from a petition after receiving a timely,
907 valid statement requesting removal of the signature.
908 Section 20. Section 20A-1-1001 is enacted to read:
909
910 20A-1-1001. Definitions.
911 As used in this part:
912 (1) (a) "Clerk" means the lieutenant governor, a county clerk, municipal clerk, town
913 clerk, city recorder, or municipal recorder.
914 (b) "Clerk" includes a board of trustees under Title 17B, Chapter 1, Provisions
915 Applicable to All Local Districts.
916 (2) "Local petition" means:
917 (a) a manual or electronic local initiative petition described in Chapter 7, Part 5, Local
918 Initiatives - Procedures; or
919 (b) a manual or electronic local referendum petition described in Chapter 7, Part 6,
920 Local Referenda - Procedure.
921 (3) "Petition" means one of the following written requests, signed by registered voters,
922 appealing to an authority with respect to a particular cause:
923 (a) a local petition;
924 (b) a petition to consolidate two or more municipalities under Section 10-2-601;
925 (c) a petition for disincorporation of a municipality under Section 10-2-701;
926 (d) a petition to incorporate a proposed municipality under Section 10-2a-208;
927 (e) a petition to consolidate adjoining counties under Section 17-2-103;
928 (f) a petition to annex a portion of a county to an adjoining county under Section
929 17-2-203;
930 (g) a petition for the creation of a new county under Section 17-3-1;
931 (h) a petition for the removal of a county seat under Section 17-11-2;
932 (i) a petition for the adoption of an optional plan under Section 17-52a-303;
933 (j) a petition for the repeal of an optional plan under Section 17-52a-505;
934 (k) a petition to create a local district under Section 17B-1-203;
935 (l) a petition to withdraw an area from a local district under Section 17B-1-504;
936 (m) a petition to dissolve a local district under Section 17B-1-1303;
937 (n) a petition for issuance of local building authority bonds under Section 17D-2-502;
938 (o) a petition to become a registered political party under Section 20A-8-103;
939 (p) a nomination petition for municipal office under Section 20A-9-203;
940 (q) a nomination petition for a regular primary election under Subsection
941 20A-9-403(3)(a) and Section 20A-9-405;
942 (r) a petition for a political party to qualify as a municipal political party under Section
943 20A-9-404;
944 (s) a petition for the nomination of a qualified political party under Section 20A-9-408;
945 (t) a nomination petition for a candidate not affiliated with a political party under
946 Section 20A-9-502;
947 (u) a nomination petition to become a delegate to a ratification convention under
948 Section 20A-15-103;
949 (v) a petition to create a new school district under Section 53G-3-301;
950 (w) a petition to consolidate school districts under Section 53G-3-401;
951 (x) a petition to transfer a portion of a school district to another district under
952 53G-3-501;
953 (y) a petition to determine whether a privatization project agreement should be
954 approved under Section 73-10d-4; or
955 (z) a statewide petition.
956 (4) "Statewide petition" means:
957 (a) a manual or electronic statewide initiative petition described in Chapter 7, Part 2,
958 Statewide Initiatives; or
959 (b) a manual or electronic statewide referendum petition described in Chapter 7, Part 3,
960 Statewide Referenda.
961 (5) (a) "Substantially similar name" means:
962 (i) the given name, the surname, or both, provided by the individual with the
963 individual's petition signature, contain only minor spelling differences when compared to the
964 given name and surname shown on the official register;
965 (ii) the surname provided by the individual with the individual's petition signature
966 exactly matches the surname shown on the official register, and the given names differ only
967 because one of the given names shown is a commonly used abbreviation or variation of the
968 other;
969 (iii) the surname provided by the individual with the individual's petition signature
970 exactly matches the surname shown on the official register, and the given names differ only
971 because one of the given names shown is accompanied by a first or middle initial or a middle
972 name which is not shown on the other record; or
973 (iv) the surname provided by the individual with the individual's petition signature
974 exactly matches the surname shown on the official register, and the given names differ only
975 because one of the given names shown is an alphabetically corresponding initial that has been
976 provided in the place of a given name shown on the other record.
977 (b) "Substantially similar name" does not include a name having an initial or a middle
978 name provided by the individual with the individual's petition signature that does not match a
979 different initial or middle name shown on the official register.
980 Section 21. Section 20A-1-1002 is enacted to read:
981 20A-1-1002. Verification of voter registration.
982 (1) A clerk shall use the following procedures to determine whether a signer of a
983 petition is a registered voter and to determine the address where the voter is registered to vote:
984 (a) if a signer's name and address provided by the individual with the individual's
985 petition signature exactly match a name and address shown on the official register and the
986 signer's signature appears substantially similar to the signature on the statewide voter
987 registration database, the clerk shall declare the signature valid for the district or jurisdiction in
988 which the signer is registered to vote;
989 (b) if there is no exact match of an address and a name, the clerk shall declare the
990 signature valid for the district or jurisdiction in which the signer is registered to vote, if:
991 (i) the address provided by the individual with the individual's petition signature
992 matches the address of an individual on the official register with a substantially similar name;
993 and
994 (ii) the signer's signature appears substantially similar to the signature on the statewide
995 voter registration database of the individual described in Subsection (1)(b)(i);
996 (c) if there is no match of an address and a substantially similar name, the clerk shall
997 declare the signature valid for the district or jurisdiction in which the signer is registered to
998 vote if:
999 (i) the birth date or age provided by the individual with the individual's petition
1000 signature matches the birth date or age of an individual on the official register with a
1001 substantially similar name; and
1002 (ii) the signer's signature appears substantially similar to the signature on the statewide
1003 voter registration database of the individual described in Subsection (1)(c)(i).
1004 (2) If a signature is not declared valid under Subsection (1)(a), (b), or (c), the clerk
1005 shall declare the signature to be invalid.
1006 Section 22. Section 20A-1-1003 is enacted to read:
1007 20A-1-1003. Signature removal - Statement required.
1008 (1) A voter who signs a petition may have the voter's signature removed from the
1009 petition by submitting to the clerk a statement requesting that the voter's signature be removed.
1010 (2) (a) (i) The statement described in Subsection (1) shall include:
1011 (A) the name of the voter;
1012 (B) the resident address at which the voter is registered to vote;
1013 (C) the voter's signature; and
1014 (D) the date of the signature described in Subsection (2)(a)(i)(C).
1015 (ii) To increase the likelihood of the voter's signature being identified and removed, the
1016 statement may include the voter's birth date or age.
1017 (b) Except as provided in Subsection 20A-7-216(5)(c), 20A-7-314(5)(c),
1018 20A-7-515(4)(d), or 20-7-615(4)(d), a voter may not submit a statement described in
1019 Subsection (1) by email or other electronic means.
1020 (c) In order for the signature to be removed, the clerk must receive the statement
1021 described in Subsection (1) no later than the deadline described in the provision of law
1022 governing the petition.
1023 (d) A voter may only remove a signature from a petition in accordance with this section
1024 and the provision of law governing the petition.
1025 (e) A clerk shall analyze a signature, for purposes of removing a signature from a
1026 petition, in accordance with Subsection (3).
1027 (3) The clerk shall use the following procedures to determine whether to remove an
1028 individual's signature from a petition after receiving a timely, valid statement requesting
1029 removal of the signature:
1030 (a) if the signer's name and address shown on the statement and the petition exactly
1031 match a name and address shown on the official register and the signer's signature on both the
1032 statement and the petition appears substantially similar to the signature on the statewide voter
1033 registration database, the clerk shall remove the signature from the petition;
1034 (b) if there is no exact match of an address and a name, the clerk shall remove the
1035 signature from the petition if:
1036 (i) the address on the statement and the petition matches the address of an individual
1037 on the official register with a substantially similar name; and
1038 (ii) the signer's signature on both the statement and the petition appears substantially
1039 similar to the signature on the statewide voter registration database of the individual described
1040 in Subsection (3)(b)(i);
1041 (c) if there is no match of an address and a substantially similar name, the clerk shall
1042 remove the signature from the petition if:
1043 (i) the birth date or age on the statement and the petition match the birth date or age of
1044 an individual on the official register with a substantially similar name; and
1045 (ii) the signer's signature on both the statement and the petition appears substantially
1046 similar to the signature on the statewide voter registration database of the individual described
1047 in Subsection (3)(c)(i); and
1048 (d) if a signature does not qualify for removal under Subsection (3)(a), (b), or (c), the
1049 clerk may not remove the signature from the petition.
1050 Section 23. Section 20A-7-101 is amended to read:
1051 20A-7-101. Definitions.
1052 As used in this chapter:
1053 (1) "Approved device" means a device described in Subsection 20A-21-201(4) used to
1054 gather signatures for the electronic initiative process, the electronic referendum process, or the
1055 electronic candidate qualification process.
1056 (2) "Budget officer" means:
1057 (a) for a county, the person designated as finance officer as defined in Section 17-36-3;
1058 (b) for a city, the person designated as budget officer in Subsection 10-6-106(4);
1059 (c) for a town, the town council; or
1060 (d) for a metro township, the person described in Subsection (2)(a) for the county in
1061 which the metro township is located.
1062 (3) "Certified" means that the county clerk has acknowledged a signature as being the
1063 signature of a registered voter.
1064 (4) "Circulation" means the process of submitting an initiative or referendum petition
1065 to legal voters for their signature.
1066 (5) "Electronic initiative process" means:
1067 (a) as it relates to a statewide initiative, the process, described in Sections 20A-7-215
1068 and 20A-21-201, for gathering signatures; or
1069 (b) as it relates to a local initiative, the process, described in Sections 20A-7-514 and
1070 20A-21-201, for gathering signatures.
1071 (6) "Electronic referendum process" means:
1072 (a) as it relates to a statewide referendum, the process, described in Sections
1073 20A-7-313 and 20A-21-201, for gathering signatures; or
1074 (b) as it relates to a local referendum, the process, described in Sections 20A-7-614 and
1075 20A-21-201, for gathering signatures.
1076 (7) "Eligible voter" means a legal voter who resides in the jurisdiction of the county,
1077 city, or town that is holding an election on a ballot proposition.
1078 (8) "Final fiscal impact statement" means a financial statement prepared after voters
1079 approve an initiative that contains the information required by Subsection 20A-7-202.5(2) or
1080 20A-7-502.5(2).
1081 (9) "Initial fiscal impact estimate" means:
1082 (a) a financial statement prepared under Section 20A-7-202.5 after the filing of an
1083 application for an initiative petition; or
1084 (b) a financial and legal statement prepared under Section 20A-7-502.5 or 20A-7-602.5
1085 for an initiative or referendum petition.
1086 (10) "Initiative" means a new law proposed for adoption by the public as provided in
1087 this chapter.
1088 (11) "Initiative packet" means a copy of the initiative petition, a copy of the proposed
1089 law, and the signature sheets, all of which have been bound together as a unit.
1090 (12) (a) "Land use law" means a law of general applicability, enacted based on the
1091 weighing of broad, competing policy considerations, that relates to the use of land, including
1092 land use regulation, a general plan, a land use development code, an annexation ordinance, the
1093 rezoning of a single property or multiple properties, or a comprehensive zoning ordinance or
1094 resolution.
1095 (b) "Land use law" does not include a land use decision, as defined in Section
1096 10-9a-103 or 17-27a-103.
1097 (13) "Legal signatures" means the number of signatures of legal voters that:
1098 (a) meet the numerical requirements of this chapter; and
1099 (b) have been obtained, certified, and verified as provided in this chapter.
1100 (14) "Legal voter" means a person who is registered to vote in Utah.
1101 (15) "Legally referable to voters" means:
1102 (a) for a proposed local initiative, that the proposed local initiative is legally referable
1103 to voters under Section 20A-7-502.7; or
1104 (b) for a proposed local referendum, that the proposed local referendum is legally
1105 referable to voters under Section 20A-7-602.7.
1106 (16) "Local attorney" means the county attorney, city attorney, or town attorney in
1107 whose jurisdiction a local initiative or referendum petition is circulated.
1108 (17) "Local clerk" means the county clerk, city recorder, or town clerk in whose
1109 jurisdiction a local initiative or referendum petition is circulated.
1110 (18) (a) "Local law" includes:
1111 (i) an ordinance;
1112 (ii) a resolution;
1113 (iii) a land use law;
1114 (iv) a land use regulation, as defined in Section 10-9a-103; or
1115 (v) other legislative action of a local legislative body.
1116 (b) "Local law" does not include a land use decision, as defined in Section 10-9a-103.
1117 (19) "Local legislative body" means the legislative body of a county, city, town, or
1118 metro township.
1119 (20) "Local obligation law" means a local law passed by the local legislative body
1120 regarding a bond that was approved by a majority of qualified voters in an election.
1121 (21) "Local tax law" means a law, passed by a political subdivision with an annual or
1122 biannual calendar fiscal year, that increases a tax or imposes a new tax.
1123 (22) "Manual initiative process" means the process for gathering signatures for an
1124 initiative using paper signature packets that a signer physically signs.
1125 (23) "Manual referendum process" means the process for gathering signatures for a
1126 referendum using paper signature packets that a signer physically signs.
1127 (24) "Measure" means a proposed constitutional amendment, an initiative, or
1128 referendum.
1129 (25) "Referendum" means a process by which a law passed by the Legislature or by a
1130 local legislative body is submitted or referred to the voters for their approval or rejection.
1131 (26) "Referendum packet" means a copy of the referendum petition, a copy of the law
1132 being submitted or referred to the voters for their approval or rejection, and the signature
1133 sheets, all of which have been bound together as a unit.
1134 (27) "Signature":
1135 (a) for a statewide initiative:
1136 (i) as it relates to the electronic initiative process, means an electronic signature
1137 collected under Section 20A-7-215 and Subsection 20A-21-201(6)(c); or
1138 (ii) as it relates to the manual initiative process:
1139 (A) means a holographic signature collected physically on a signature sheet described
1140 in Section 20A-7-203; and
1141 (B) does not include an electronic signature;
1142 (b) for a statewide referendum:
1143 (i) as it relates to the electronic referendum process, means an electronic signature
1144 collected under Section 20A-7-313 and Subsection 20A-21-201(6)(c); or
1145 (ii) as it relates to the manual referendum process:
1146 (A) means a holographic signature collected physically on a signature sheet described
1147 in Section 20A-7-303; and
1148 (B) does not include an electronic signature;
1149 (c) for a local initiative:
1150 (i) as it relates to the electronic initiative process, means an electronic signature
1151 collected under Section 20A-7-514 and Subsection 20A-21-201(6)(c); or
1152 (ii) as it relates to the manual initiative process:
1153 (A) means a holographic signature collected physically on a signature sheet described
1154 in Section 20A-7-503; and
1155 (B) does not include an electronic signature; or
1156 (d) for a local referendum:
1157 (i) as it relates to the electronic referendum process, means an electronic signature
1158 collected under Section 20A-7-614 and Subsection 20A-21-201(6)(c); or
1159 (ii) as it relates to the manual referendum process:
1160 (A) means a holographic signature collected physically on a signature sheet described
1161 in Section 20A-7-603; and
1162 (B) does not include an electronic signature.
1163 (28) "Signature sheets" means sheets in the form required by this chapter that are used
1164 to collect signatures in support of an initiative or referendum.
1165 (29) "Special local ballot proposition" means a local ballot proposition that is not a
1166 standard local ballot proposition.
1167 (30) "Sponsors" means the legal voters who support the initiative or referendum and
1168 who sign the application for petition copies.
1169 (31) (a) "Standard local ballot proposition" means a local ballot proposition for an
1170 initiative or a referendum.
1171 (b) "Standard local ballot proposition" does not include a property tax referendum
1172 described in Section 20A-7-613.
1173 (32) "Tax percentage difference" means the difference between the tax rate proposed
1174 by an initiative or an initiative petition and the current tax rate.
1175 (33) "Tax percentage increase" means a number calculated by dividing the tax
1176 percentage difference by the current tax rate and rounding the result to the nearest thousandth.
1177 (34) "Verified" means acknowledged by the person circulating the petition as required
1178 in [
1179 Section 24. Section 20A-7-105 is enacted to read:
1180 20A-7-105. Manual petition processes -- Obtaining signatures -- Verification --
1181 Submitting the petition -- Certification of signatures -- Transfer to lieutenant governor --
1182 Removal of signature.
1183 (1) This section applies only to the manual initiative process and the manual
1184 referendum process.
1185 (2) As used in this section:
1186 (a) "Local petition" means:
1187 (i) a manual local initiative petition described in Part 5, Local Initiatives - Procedures;
1188 or
1189 (ii) a manual local referendum petition described in Part 6, Local Referenda -
1190 Procedure.
1191 (b) "Packet" means an initiative packet or referendum packet.
1192 (c) "Petition" means a local petition or statewide petition.
1193 (d) "Statewide petition" means:
1194 (i) a manual statewide initiative petition described in Part 2, Statewide Initiatives; or
1195 (ii) a manual statewide referendum petition described in Part 3, Statewide Referenda.
1196 (3) (a) A Utah voter may sign a statewide petition if the voter is a legal voter.
1197 (b) A Utah voter may sign a local petition if the voter:
1198 (i) is a legal voter; and
1199 (ii) resides in the local jurisdiction.
1200 (4) (a) The sponsors shall ensure that the individual in whose presence each signature
1201 sheet was signed:
1202 (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
1203 (ii) verifies each signature sheet by completing the verification printed on the last page
1204 of each packet; and
1205 (iii) is informed that each signer is required to read and understand:
1206 (A) for an initiative petition, the law proposed by the initiative; or
1207 (B) for a referendum petition, the law that the referendum seeks to overturn.
1208 (b) An individual may not sign the verification printed on the last page of a packet if
1209 the individual signed a signature sheet in the packet.
1210 (5) (a) The sponsors, or an agent of the sponsors, shall submit a signed and verified
1211 packet to the county clerk of the county in which the packet was circulated before 5 p.m. no
1212 later than the earlier of:
1213 (i) for a statewide initiative:
1214 (A) 30 days after the day on which the first individual signs the initiative packet;
1215 (B) 316 days after the day on which the application for the initiative petition is filed; or
1216 (C) the February 15 immediately before the next regular general election immediately
1217 after the application is filed under Section 20A-7-202;
1218 (ii) for a statewide referendum:
1219 (A) 30 days after the day on which the first individual signs the referendum packet; or
1220 (B) 40 days after the day on which the legislative session at which the law passed ends;
1221 (iii) for a local initiative:
1222 (A) 30 days after the day on which the first individual signs the initiative packet;
1223 (B) 316 days after the day on which the application is filed;
1224 (C) the April 15 immediately before the next regular general election immediately after
1225 the application is filed under Section 20A-7-502, if the local initiative is a county initiative; or
1226 (D) the April 15 immediately before the next municipal general election immediately
1227 after the application is filed under Section 20A-7-502, if the local initiative is a municipal
1228 initiative; or
1229 (iv) for a local referendum:
1230 (A) 30 days after the day on which the first individual signs the referendum packet; or
1231 (B) 45 days after the day on which the sponsors receive the items described in
1232 Subsection 20A-7-604(3) from the local clerk.
1233 (b) A person may not submit a packet after the applicable deadline described in
1234 Subsection (5)(a).
1235 (c) Before delivering an initiative packet to the county clerk under this Subsection (5),
1236 the sponsors shall send an email to each individual who provides a legible, valid email address
1237 on the signature sheet that includes the following:
1238 (i) the subject of the email shall include the following statement, "Notice Regarding
1239 Your Petition Signature"; and
1240 (ii) the body of the email shall include the following statement in 12-point type:
1241 "You signed a petition for the following initiative:
1242 [insert title of initiative]
1243 To access a copy of the initiative petition, the initiative, the fiscal impact statement, and
1244 information on the deadline for removing your signature from the petition, please visit the
1245 following link: [insert a uniform resource locator that takes the individual directly to the page
1246 on the lieutenant governor's or county clerk's website that includes the information referred to
1247 in the email]."
1248 (d) When the sponsors submit the last initiative packet to the county clerk, the sponsors
1249 shall submit to the county clerk:
1250 (i) a list containing:
1251 (A) the name and email address of each individual the sponsors sent, or caused to be
1252 sent, the email described in Subsection (5)(c); and
1253 (B) the date the email was sent;
1254 (ii) a copy of the email described in Subsection (5)(c); and
1255 (iii) the following written verification, completed and signed by each of the sponsors:
1256 "Verification of initiative sponsor State of Utah, County of __________I, __________,
1257 of __________, hereby state, under penalty of perjury, that:
1258 I am a sponsor of the initiative petition entitled ____________________; and
1259 I sent, or caused to be sent, to each individual who provided a legible, valid email
1260 address on a signature sheet submitted to the county clerk in relation to the initiative petition,
1261 the email described in Utah Code Subsection 20A-7-105(5)(c).
1262 ______________________________________________________________ __
1263 (Name) (Residence Address) (Date)".
1264 (e) Signatures gathered for an initiative petition are not valid if the sponsors do not
1265 comply with Subsection (5)(c) or (d).
1266 (6) (a) Within 21 days after the day on which the county clerk receives the packet, the
1267 county clerk shall:
1268 (i) use the procedures described in Section 20A-1-1002 to determine whether each
1269 signer is a legal voter and, as applicable, the jurisdiction where the signer is registered to vote;
1270 (ii) for a statewide initiative or a statewide referendum:
1271 (A) certify on the petition whether each name is that of a legal voter;
1272 (B) post the name, voter identification number, and date of signature of each legal
1273 voter certified under Subsection (6)(a)(ii)(A) on the lieutenant governor's website, in a
1274 conspicuous location designated by the lieutenant governor; and
1275 (C) deliver the verified packet to the lieutenant governor;
1276 (iii) for a local initiative or a local referendum:
1277 (A) certify on the petition whether each name is that of a legal voter who is registered
1278 in the jurisdiction to which the initiative or referendum relates;
1279 (B) post the name, voter identification number, and date of signature of each legal
1280 voter certified under Subsection (6)(a)(iii)(A) on the lieutenant governor's website, in a
1281 conspicuous location designated by the lieutenant governor; and
1282 (C) deliver the verified packet to the local clerk.
1283 (b) For a local initiative or local referendum, the local clerk shall post a link in a
1284 conspicuous location on the local government's website to the posting described in Subsection
1285 (6)(a)(iii)(B):
1286 (i) for a local initiative, during the period of time described in Subsection
1287 20A-7-507(3)(a); or
1288 (ii) for a local referendum, during the period of time described in Subsection
1289 20A-7-607(2)(a)(i).
1290 (7) The county clerk may not certify a signature under Subsection (6):
1291 (a) on a packet that is not verified in accordance with Subsection (4); or
1292 (b) that does not have a date of signature next to the signature.
1293 (8) (a) A voter who signs a statewide initiative petition may have the voter's signature
1294 removed from the petition by submitting to the county clerk a statement requesting that the
1295 voter's signature be removed no later than the earlier of:
1296 (i) for an initiative packet received by the county clerk before December 1:
1297 (A) 30 days after the day on which the voter signs the signature removal statement; or
1298 (B) 90 days after the day on which the lieutenant governor posts the voter's name under
1299 Subsection 20A-7-207(2); or
1300 (ii) for an initiative packet received by the county clerk on or after December 1:
1301 (A) 30 days after the day on which the voter signs the signature removal statement; or
1302 (B) 45 days after the day on which the lieutenant governor posts the voter's name under
1303 Subsection 20A-7-207(2).
1304 (b) A voter who signs a statewide referendum petition may have the voter's signature
1305 removed from the petition by submitting to the county clerk a statement requesting that the
1306 voter's signature be removed no later than the earlier of:
1307 (i) 30 days after the day on which the voter signs the statement requesting removal; or
1308 (ii) 45 days after the day on which the lieutenant governor posts the voter's name under
1309 Subsection 20A-7-307(2).
1310 (c) A voter who signs a local initiative petition may have the voter's signature removed
1311 from the petition by submitting to the county clerk a statement requesting that the voter's
1312 signature be removed no later than the earlier of:
1313 (i) 30 days after the day on which the voter signs the signature removal statement;
1314 (ii) 90 days after the day on which the local clerk posts the voter's name under
1315 Subsection 20A-7-507(2);
1316 (iii) 316 days after the day on which the application is filed; or
1317 (iv) (A) for a county initiative, April 15 immediately before the next regular general
1318 election immediately after the application is filed under Section 20A-7-502; or
1319 (B) for a municipal initiative, April 15 immediately before the next municipal general
1320 election immediately after the application is filed under Section 20A-7-502.
1321 (d) A voter who signs a local referendum petition may have the voter's signature
1322 removed from the petition by submitting to the county clerk a statement requesting that the
1323 voter's signature be removed no later than the earlier of:
1324 (i) 30 days after the day on which the voter signs the statement requesting removal; or
1325 (ii) 45 days after the day on which the local clerk posts the voter's name under
1326 Subsection 20A-7-607(2)(a).
1327 (e) A statement described in this Subsection (8) shall comply with the requirements
1328 described in Subsection 20A-1-1003(2).
1329 (f) In order for the signature to be removed, the county clerk must receive the statement
1330 described in this Subsection (8) before 5 p.m. no later than the applicable deadline described in
1331 this Subsection (8).
1332 (g) A county clerk shall analyze a signature, for purposes of removing a signature from
1333 a petition, in accordance with Subsection 20A-1-1003(3).
1334 (9) (a) If the county clerk timely receives a statement requesting signature removal
1335 under Subsection (8) and determines that the signature should be removed from the petition
1336 under Subsection 20A-1-1003(3), the county clerk shall:
1337 (i) ensure that the voter's name, voter identification number, and date of signature are
1338 not included in the posting described in Subsection (6)(a)(ii)(B) or (iii)(B); and
1339 (ii) remove the voter's signature from the signature packets and signature packet totals.
1340 (b) The county clerk shall comply with Subsection (9)(a) before the later of:
1341 (i) the deadline described in Subsection (6)(a); or
1342 (ii) two business days after the day on which the county clerk receives a statement
1343 requesting signature removal under Subsection (8).
1344 (10) A person may not retrieve a packet from a county clerk, or make any alterations or
1345 corrections to a packet, after the packet is submitted to the county clerk.
1346 Section 25. Section 20A-7-206.1 is amended to read:
1347 20A-7-206.1. Provisions relating only to process for submitting an initiative to the
1348 Legislature for approval or rejection.
1349 (1) This section relates only to the process, described in Subsection 20A-7-201(1), for
1350 submitting an initiative to the Legislature for approval or rejection.
1351 (2) Notwithstanding Section [
1352 petition for submission to the Legislature, the sponsors, or an agent of the sponsors, shall
1353 deliver each signed and verified initiative packet to the county clerk of the county in which the
1354 packet was circulated before 5 p.m. no later than November 15 before the next annual general
1355 session of the Legislature immediately after the application is filed under Section 20A-7-202.
1356 (3) Notwithstanding Section [
1357 before the annual general session of the Legislature, the county clerk shall, for an initiative for
1358 submission to the Legislature:
1359 (a) determine whether each signer is a registered voter according to the requirements of
1360 Section [
1361 (b) certify on the petition whether each name is that of a registered voter; and
1362 (c) deliver the verified packets to the lieutenant governor.
1363 (4) The county clerk may not certify a signature under Subsection (3) on an initiative
1364 packet that is not verified in accordance with Section [
1365 (5) A person may not retrieve an initiative packet from a county clerk, or make any
1366 alterations or corrections to an initiative packet, after the initiative packet is submitted to the
1367 county clerk.
1368 Section 26. Section 20A-7-207 is amended to read:
1369 20A-7-207. Evaluation by the lieutenant governor.
1370 (1) In relation to the manual initiative process, when the lieutenant governor receives
1371 an initiative packet from a county clerk, the lieutenant governor shall record the number of the
1372 initiative packet received.
1373 (2) The county clerk shall:
1374 (a) in relation to the manual initiative process:
1375 (i) post the names, voter identification numbers, and dates of signatures described in
1376 Subsection [
1377 conspicuous location designated by the lieutenant governor:
1378 (A) for an initiative packet received by the county clerk before December 1, for at least
1379 90 days; or
1380 (B) for an initiative packet received by the county clerk on or after December 1, for at
1381 least 45 days; and
1382 (ii) update on the lieutenant governor's website the number of signatures certified as of
1383 the date of the update; or
1384 (b) in relation to the electronic initiative process:
1385 (i) post the names, voter identification numbers, and dates of signatures described in
1386 Subsection 20A-7-217(4) on the lieutenant governor's website, in a conspicuous location
1387 designated by the lieutenant governor:
1388 (A) for a signature received by the county clerk before December 1, for at least 90
1389 days; or
1390 (B) for a signature received by the county clerk on or after December 1, for at least 45
1391 days; and
1392 (ii) update on the lieutenant governor's website the number of signatures certified as of
1393 the date of the update.
1394 (3) The lieutenant governor:
1395 (a) shall, except as provided in Subsection (3)(b), declare the petition to be sufficient or
1396 insufficient on April 30 before the regular general election described in Subsection
1397 20A-7-201(2)(b); or
1398 (b) may declare the petition to be insufficient before the day described in Subsection
1399 (3)(a) if:
1400 (i) in relation to the manual initiative process, the total of all valid signatures on timely
1401 and lawfully submitted signature packets that have been certified by the county clerks, plus the
1402 number of signatures on timely and lawfully submitted signature packets that have not yet been
1403 evaluated for certification, is less than the number of names required under Section 20A-7-201;
1404 (ii) in relation to the electronic initiative process, the total of all timely and lawfully
1405 submitted valid signatures that have been certified by the county clerks, plus the number of
1406 timely and lawfully submitted valid signatures received under Subsection 20A-21-201(6)(b)
1407 that have not yet been evaluated for certification, is less than the number of names required
1408 under Section 20A-7-201; or
1409 (iii) a requirement of this part has not been met.
1410 (4) (a) If the total number of names certified under Subsection (3) equals or exceeds
1411 the number of names required under Section 20A-7-201, and the requirements of this part are
1412 met, the lieutenant governor shall mark upon the front of the petition the word "sufficient."
1413 (b) If the total number of names certified under Subsection (3) does not equal or
1414 exceed the number of names required under Section 20A-7-201 or a requirement of this part is
1415 not met, the lieutenant governor shall mark upon the front of the petition the word
1416 "insufficient."
1417 (c) The lieutenant governor shall immediately notify any one of the sponsors of the
1418 lieutenant governor's finding.
1419 (5) After a petition is declared insufficient, a person may not submit additional
1420 signatures to qualify the petition for the ballot.
1421 (6) (a) If the lieutenant governor refuses to accept and file an initiative petition that a
1422 voter believes is legally sufficient, the voter may, no later than May 15, apply to the appropriate
1423 court for an extraordinary writ to compel the lieutenant governor to accept and file the initiative
1424 petition.
1425 (b) If the court determines that the initiative petition is legally sufficient, the lieutenant
1426 governor shall file the petition, with a verified copy of the judgment attached to the petition, as
1427 of the date on which the petition was originally offered for filing in the lieutenant governor's
1428 office.
1429 (c) If the court determines that a petition filed is not legally sufficient, the court may
1430 enjoin the lieutenant governor and all other officers from certifying or printing the ballot title
1431 and numbers of that measure on the official ballot.
1432 (7) A petition determined to be sufficient in accordance with this section is qualified
1433 for the ballot.
1434 Section 27. Section 20A-7-208 is amended to read:
1435 20A-7-208. Disposition of initiative petitions by the Legislature.
1436 (1) (a) Except as provided in Subsection (1)(b), when the lieutenant governor delivers
1437 an initiative petition to the Legislature, the law proposed by that initiative petition shall be
1438 either enacted or rejected without change or amendment by the Legislature.
1439 (b) The speaker of the House and the president of the Senate may direct legislative staff
1440 to make technical corrections authorized by Section 36-12-12.
1441 (c) If any law proposed by an initiative petition is enacted by the Legislature, the law is
1442 subject to referendum the same as other laws.
1443 (2) If any law proposed by a petition is not enacted by the Legislature, that proposed
1444 law shall be submitted to a vote of the people at the next regular general election if:
1445 (a) sufficient additional signatures to the petition are first obtained to bring the total
1446 number of signatures up to the number required by Subsection 20A-7-201(2); and
1447 (b) those additional signatures are verified, certified by the county clerks, and declared
1448 sufficient by the lieutenant governor as provided in Section 20A-7-105 and this part.
1449 Section 28. Section 20A-7-213 is amended to read:
1450 20A-7-213. Misconduct of electors and officers -- Penalty.
1451 (1) It is unlawful for any person to:
1452 (a) sign any name other than the person's own to an initiative petition or a statement
1453 described in Subsection [
1454 (b) knowingly sign the person's name more than once for the same measure at one
1455 election;
1456 (c) knowingly indicate that a person who signed an initiative petition signed the
1457 petition on a date other than the date that the person signed the petition;
1458 (d) sign an initiative petition knowing the person is not a legal voter; or
1459 (e) knowingly and willfully violate any provision of this part.
1460 (2) It is unlawful for any person to sign the verification for an initiative packet, or to
1461 electronically sign the verification for a signature under Subsection 20A-21-201(9), knowing
1462 that:
1463 (a) the person does not meet the residency requirements of Section 20A-2-105;
1464 (b) the signature date associated with the person's signature for the initiative petition is
1465 not the date that the person signed the petition;
1466 (c) the person has not witnessed the signatures of those persons whose signatures the
1467 person collects or submits; or
1468 (d) one or more individuals who signed the initiative petition are not registered to vote
1469 in Utah.
1470 (3) It is unlawful for any person to:
1471 (a) pay a person to sign an initiative petition;
1472 (b) pay a person to remove the person's signature from an initiative petition;
1473 (c) accept payment to sign an initiative petition; or
1474 (d) accept payment to have the person's name removed from an initiative petition.
1475 (4) Any person violating this section is guilty of a class A misdemeanor.
1476 Section 29. Section 20A-7-216 is amended to read:
1477 20A-7-216. Electronic initiative process -- Obtaining signatures -- Request to
1478 remove signature.
1479 (1) This section applies to the electronic initiative process.
1480 (2) A Utah voter may sign an initiative if the voter is a legal voter.
1481 (3) The sponsors shall ensure that the signature-gatherer who collects a signature from
1482 an individual:
1483 (a) verifies that the individual is at least 18 years old and meets the residency
1484 requirements of Section 20A-2-105; and
1485 (b) is informed that each signer is required to read and understand the law proposed by
1486 the initiative.
1487 (4) A voter who [
1488 removed from the petition by submitting to the county clerk a statement requesting that the
1489 voter's signature be removed before 5 p.m. no later than the earlier of:
1490 (a) for an electronic signature gathered before December 1:
1491 (i) 30 days after the day on which the voter signs the signature removal statement; or
1492 (ii) 90 days after the day on which the county clerk posts the voter's name under
1493 Subsection 20A-7-217(4); or
1494 (b) for an electronic signature gathered on or after December 1:
1495 (i) 30 days after the day on which the voter signs the signature removal statement; or
1496 (ii) 45 days after the day on which the county clerk posts the voter's name under
1497 Subsection 20A-7-217(4).
1498 (5) (a) The statement described in Subsection (4) shall include:
1499 (i) the name of the voter;
1500 (ii) the resident address at which the voter is registered to vote;
1501 (iii) the signature of the voter; and
1502 (iv) the date of the signature described in Subsection (5)(a)(iii).
1503 (b) To increase the likelihood of the voter's signature being identified and removed, the
1504 statement described in Subsection (4) may include the voter's birth date or age.
1505 (c) A voter may not submit a signature removal statement described in Subsection (4)
1506 by email or other electronic means, unless the lieutenant governor establishes a signature
1507 removal process that is consistent with the requirements of this section and Section
1508 20A-21-201.
1509 (d) A person may only remove an electronic signature from an initiative petition in
1510 accordance with this section.
1511 (e) A county clerk shall analyze a holographic signature, for purposes of removing an
1512 electronic signature from an initiative petition, in accordance with [
1513 Subsection 20A-1-1003(3).
1514 Section 30. Section 20A-7-307 is amended to read:
1515 20A-7-307. Evaluation by the lieutenant governor.
1516 (1) In relation to the manual referendum process, when the lieutenant governor receives
1517 a referendum packet from a county clerk, the lieutenant governor shall record the number of the
1518 referendum packet received.
1519 (2) The county clerk shall:
1520 (a) in relation to the manual referendum process:
1521 (i) post the names, voter identification numbers, and dates of signatures described in
1522 Subsection [
1523 conspicuous location designated by the lieutenant governor, for at least 45 days; and
1524 (ii) update on the lieutenant governor's website the number of signatures certified as of
1525 the date of the update; or
1526 (b) in relation to the electronic referendum process:
1527 (i) post the names, voter identification numbers, and dates of signatures described in
1528 Subsection 20A-7-315(4) on the lieutenant governor's website, in a conspicuous location
1529 designated by the lieutenant governor, for at least 45 days; and
1530 (ii) update on the lieutenant governor's website the number of signatures certified as of
1531 the date of the update.
1532 (3) The lieutenant governor:
1533 (a) shall, except as provided in Subsection (3)(b), declare the petition to be sufficient or
1534 insufficient 106 days after the end of the legislative session at which the law passed; or
1535 (b) may declare the petition to be insufficient before the day described in Subsection
1536 (3)(a) if:
1537 (i) in relation to the manual referendum process, the total of all valid signatures on
1538 timely and lawfully submitted signature packets that have been certified by the county clerks,
1539 plus the number of signatures on timely and lawfully submitted signature packets that have not
1540 yet been evaluated for certification, is less than the number of names required under Section
1541 20A-7-301;
1542 (ii) in relation to the electronic referendum process, the total of all timely and lawfully
1543 submitted valid signatures that have been certified by the county clerks, plus the number of
1544 timely and lawfully submitted valid signatures received under Subsection 20A-21-201(6)(b)
1545 that have not yet been evaluated for certification, is less than the number of names required
1546 under Section 20A-7-301; or
1547 (iii) a requirement of this part has not been met.
1548 (4) (a) If the total number of names certified under Subsection (3) equals or exceeds
1549 the number of names required under Section 20A-7-301, and the requirements of this part are
1550 met, the lieutenant governor shall mark upon the front of the petition the word "sufficient."
1551 (b) If the total number of names certified under Subsection (3) does not equal or
1552 exceed the number of names required under Section 20A-7-301 or a requirement of this part is
1553 not met, the lieutenant governor shall mark upon the front of the petition the word
1554 "insufficient."
1555 (c) The lieutenant governor shall immediately notify any one of the sponsors of the
1556 lieutenant governor's finding.
1557 (d) After a petition is declared insufficient, a person may not submit additional
1558 signatures to qualify the petition for the ballot.
1559 (5) (a) If the lieutenant governor refuses to accept and file a referendum that a voter
1560 believes is legally sufficient, the voter may, no later than 10 days after the day on which the
1561 lieutenant governor declares the petition insufficient, apply to the appropriate court for an
1562 extraordinary writ to compel the lieutenant governor to accept and file the referendum petition.
1563 (b) If the court determines that the referendum petition is legally sufficient, the
1564 lieutenant governor shall file the petition, with a verified copy of the judgment attached to the
1565 referendum petition, as of the date on which the petition was originally offered for filing in the
1566 lieutenant governor's office.
1567 (c) If the court determines that a petition filed is not legally sufficient, the court may
1568 enjoin the lieutenant governor and all other officers from certifying or printing the ballot title
1569 and numbers of that measure on the official ballot.
1570 (6) A petition determined to be sufficient in accordance with this section is qualified
1571 for the ballot.
1572 Section 31. Section 20A-7-314 is amended to read:
1573 20A-7-314. Electronic referendum process -- Obtaining signatures -- Request to
1574 remove signature.
1575 (1) This section applies to the electronic referendum process.
1576 (2) A Utah voter may sign a referendum petition if the voter is a legal voter.
1577 (3) The sponsors shall ensure that the signature-gatherer who collects a signature from
1578 an individual:
1579 (a) verifies that the individual is at least 18 years old and meets the residency
1580 requirements of Section 20A-2-105; and
1581 (b) is informed that each signer is required to read and understand the law that is the
1582 subject of the referendum petition.
1583 (4) A voter who [
1584 removed from the petition by submitting to the county clerk a statement requesting that the
1585 voter's signature be removed before 5 p.m. no later than the earlier of:
1586 (a) 30 days after the day on which the voter signs the statement requesting removal; or
1587 (b) 45 days after the day on which the lieutenant governor posts the voter's name under
1588 Subsection 20A-7-315(4).
1589 (5) (a) The statement described in Subsection (4) shall include:
1590 (i) the name of the voter;
1591 (ii) the resident address at which the voter is registered to vote;
1592 (iii) the signature of the voter; and
1593 (iv) the date of the signature described in Subsection (5)(a)(iii).
1594 (b) To increase the likelihood of the voter's signature being identified and removed, the
1595 statement described in Subsection (4) may include the voter's birth date or age.
1596 (c) A voter may not submit a signature removal statement described in Subsection (4)
1597 by email or other electronic means, unless the lieutenant governor establishes a signature
1598 removal process that is consistent with the requirements of this section and Section
1599 20A-21-201.
1600 (d) A person may only remove an electronic signature from a referendum petition in
1601 accordance with this section.
1602 (e) A county clerk shall analyze a holographic signature, for purposes of removing an
1603 electronic signature from a referendum petition, in accordance with [
1604 Subsection 20A-1-1003(3).
1605 Section 32. Section 20A-7-401.5 is amended to read:
1606 20A-7-401.5. Proposition information pamphlet.
1607 (1) (a) (i) Within 15 days after the day on which an eligible voter files an application to
1608 circulate an initiative petition under Section 20A-7-502 or an application to circulate a
1609 referendum petition under Section 20A-7-602:
1610 (A) the sponsors of the proposed initiative or referendum may submit a written
1611 argument in favor of the proposed initiative or referendum to the election officer of the county
1612 or municipality to which the petition relates; and
1613 (B) the county or municipality to which the application relates may submit a written
1614 argument in favor of, or against, the proposed initiative or referendum to the county's or
1615 municipality's election officer.
1616 (ii) If a county or municipality submits more than one written argument under
1617 Subsection (1)(a)(i)(B), the election officer shall select one of the written arguments, giving
1618 preference to a written argument submitted by a member of a local legislative body if a
1619 majority of the local legislative body supports the written argument.
1620 (b) Within one business day after the day on which an election officer receives an
1621 argument under Subsection (1)(a)(i)(A), the election officer shall provide a copy of the
1622 argument to the county or municipality described in Subsection (1)(a)(i)(B) or (1)(a)(ii), as
1623 applicable.
1624 (c) Within one business day after the date on which an election officer receives an
1625 argument under Subsection (1)(a)(i)(B), the election officer shall provide a copy of the
1626 argument to the first three sponsors of the proposed initiative or referendum described in
1627 Subsection (1)(a)(i)(A).
1628 (d) The sponsors of the proposed initiative or referendum may submit a revised version
1629 of the written argument described in Subsection (1)(a)(i)(A) to the election officer of the
1630 county or municipality to which the petition relates within 20 days after the day on which the
1631 eligible voter files an application to circulate an initiative petition under Section 20A-7-502 or
1632 an application to circulate a referendum petition under Section 20A-7-602.
1633 (e) The author of a written argument described in Subsection (1)(a)(i)(B) submitted by
1634 a county or municipality may submit a revised version of the written argument to the county's
1635 or municipality's election officer within 20 days after the day on which the eligible voter files
1636 an application to circulate an initiative petition under Section 20A-7-502 or an application to
1637 circulate a referendum petition under Section 20A-7-602.
1638 (2) (a) A written argument described in Subsection (1) may not exceed 500 words.
1639 (b) Except as provided in Subsection (2)(c), a person may not modify a written
1640 argument described in Subsection (1)(d) or (e) after the written argument is submitted to the
1641 election officer.
1642 (c) The election officer and the person that submits the written argument described in
1643 Subsection (1)(d) or (e) may jointly agree to modify the written argument to:
1644 (i) correct factual, grammatical, or spelling errors; or
1645 (ii) reduce the number of words to come into compliance with Subsection (2)(a).
1646 (d) An election officer shall refuse to include a written argument in the proposition
1647 information pamphlet described in this section if the person who submits the argument:
1648 (i) fails to negotiate, in good faith, to modify the argument in accordance with
1649 Subsection (2)(c); or
1650 (ii) does not timely submit the written argument to the election officer.
1651 (e) An election officer shall make a good faith effort to negotiate a modification
1652 described in Subsection (2)(c) in an expedited manner.
1653 (3) An election officer who receives a written argument described in Subsection (1)
1654 shall prepare a proposition information pamphlet for publication that includes:
1655 (a) a copy of the application for the proposed initiative or referendum;
1656 (b) except as provided in Subsection (2)(d), immediately after the copy described in
1657 Subsection (3)(a), the argument prepared by the sponsors of the proposed initiative or
1658 referendum, if any;
1659 (c) except as provided in Subsection (2)(d), immediately after the argument described
1660 in Subsection (3)(b), the argument prepared by the county or municipality, if any; and
1661 (d) a copy of the initial fiscal impact statement and legal impact statement described in
1662 Section 20A-7-502.5 or 20A-7-602.5.
1663 (4) (a) A proposition information pamphlet is a draft for purposes of Title 63G,
1664 Chapter 2, Government Records Access and Management Act, until the earlier of when the
1665 election officer:
1666 (i) complies with Subsection (4)(b); or
1667 (ii) publishes the proposition information pamphlet under Subsection (5) or (6).
1668 (b) Within 21 days after the day on which the eligible voter files an application to
1669 circulate an initiative petition under Section 20A-7-502, or an application to circulate a
1670 referendum petition under Section 20A-7-602, the election officer shall provide a copy of the
1671 proposition information pamphlet to the sponsors of the initiative or referendum and each
1672 individual who submitted an argument included in the proposition information pamphlet.
1673 (5) An election officer for a municipality shall publish the proposition information
1674 pamphlet as follows:
1675 (a) within the later of 10 days after the day on which the municipality or a court
1676 determines that the proposed initiative or referendum is legally referable to voters, or, if the
1677 election officer modifies an argument under Subsection (2)(c), three days after the day on
1678 which the election officer and the person that submitted the argument agree on the
1679 modification:
1680 (i) by sending the proposition information pamphlet electronically to each individual in
1681 the municipality for whom the municipality has an email address, unless the individual has
1682 indicated that the municipality is prohibited from using the individual's email address for that
1683 purpose; and
1684 (ii) by posting the proposition information pamphlet on the Utah Public Notice
1685 Website, created in Section 63A-16-601, and the home page of the municipality's website, if
1686 the municipality has a website, until:
1687 (A) if the sponsors of the proposed initiative or referendum or an agent of the sponsors
1688 do not timely deliver any verified initiative packets [
1689 referendum packets under Section [
1690 deadline for delivery of the verified initiative packets or verified referendum packets;
1691 (B) the local clerk determines, under Section 20A-7-507 or 20A-7-607, that the
1692 number of signatures necessary to qualify the proposed initiative or referendum for placement
1693 on the ballot is insufficient and the determination is not timely appealed or is upheld after
1694 appeal; or
1695 (C) the day after the date of the election at which the proposed initiative or referendum
1696 appears on the ballot; and
1697 (b) if the municipality regularly mails a newsletter, utility bill, or other material to the
1698 municipality's residents, including an Internet address, where a resident may view the
1699 proposition information pamphlet, in the next mailing, for which the municipality has not
1700 begun preparation, that falls on or after the later of:
1701 (i) 10 days after the day on which the municipality or a court determines that the
1702 proposed initiative or referendum is legally referable to voters; or
1703 (ii) if the election officer modifies an argument under Subsection (2)(c), three days
1704 after the day on which the election officer and the person that submitted the argument agree on
1705 the modification.
1706 (6) An election officer for a county shall, within the later of 10 days after the day on
1707 which the county or a court determines that the proposed initiative or referendum is legally
1708 referable to voters, or, if the election officer modifies an argument under Subsection (2)(c),
1709 three days after the day on which the election officer and the person that submitted the
1710 argument agree on the modification, publish the proposition information pamphlet as follows:
1711 (a) by sending the proposition information pamphlet electronically to each individual
1712 in the county for whom the county has an email address obtained via voter registration; and
1713 (b) by posting the proposition information pamphlet on the Utah Public Notice
1714 Website, created in Section 63A-16-601, and the home page of the county's website, until:
1715 (i) if the sponsors of the proposed initiative or referendum or an agent of the sponsors
1716 do not timely deliver any verified initiative packets [
1717 referendum packets under Section [
1718 deadline for delivery of the verified initiative packets or verified referendum packets;
1719 (ii) the local clerk determines, under Section 20A-7-507 or 20A-7-607, that the number
1720 of signatures necessary to qualify the proposed initiative or referendum for placement on the
1721 ballot is insufficient and the determination is not timely appealed or is upheld after appeal; or
1722 (iii) the day after the date of the election at which the proposed initiative or referendum
1723 appears on the ballot.
1724 Section 33. Section 20A-7-507 is amended to read:
1725 20A-7-507. Evaluation by the local clerk.
1726 (1) In relation to the manual initiative process, when a local clerk receives an initiative
1727 packet from a county clerk, the local clerk shall record the number of the initiative packet
1728 received.
1729 (2) The county clerk shall:
1730 (a) in relation to the manual initiative process:
1731 (i) post the names, voter identification numbers, and dates of signatures described in
1732 Subsection [
1733 conspicuous location designated by the lieutenant governor, for at least 90 days; and
1734 (ii) update on the local government's website the number of signatures certified as of
1735 the date of the update; or
1736 (b) in relation to the electronic initiative process:
1737 (i) post the names, voter identification numbers, and dates of signatures described in
1738 Subsection 20A-7-516(4) on the lieutenant governor's website, in a conspicuous location
1739 designated by the lieutenant governor, for at least 90 days; and
1740 (ii) update on the local government's website the number of signatures certified as of
1741 the date of the update.
1742 (3) The local clerk:
1743 (a) shall, except as provided in Subsection (3)(b), declare the petition to be sufficient or
1744 insufficient:
1745 (i) in relation to the manual initiative process, no later than 21 days after the day of the
1746 applicable deadline described in Subsection [
1747 (ii) in relation to the electronic initiative process, no later than 21 days after the day of
1748 the applicable deadline described in Subsection 20A-7-516(2); or
1749 (b) may declare the petition to be insufficient before the day described in Subsection
1750 (3)(a) if:
1751 (i) in relation to the manual initiative process, the total of all valid signatures on timely
1752 and lawfully submitted signature packets that have been certified by the county clerks, plus the
1753 number of signatures on timely and lawfully submitted signature packets that have not yet been
1754 evaluated for certification, is less than the number of names required under Section 20A-7-501;
1755 (ii) in relation to the electronic initiative process, the total of all timely and lawfully
1756 submitted valid signatures that have been certified by the county clerks, plus the number of
1757 timely and lawfully submitted valid signatures received under Subsection 20A-21-201(6)(b)
1758 that have not yet been evaluated for certification, is less than the number of names required
1759 under Section 20A-7-501; or
1760 (iii) a requirement of this part has not been met.
1761 (4) (a) If the total number of names certified under Subsection (3) equals or exceeds
1762 the number of names required by Section 20A-7-501 and the requirements of this part are met,
1763 the local clerk shall mark upon the front of the petition the word "sufficient."
1764 (b) If the total number of names certified under Subsection (3) does not equal or
1765 exceed the number of names required by Section 20A-7-501 or a requirement of this part is not
1766 met, the local clerk shall mark upon the front of the petition the word "insufficient."
1767 (c) The local clerk shall immediately notify any one of the sponsors of the local clerk's
1768 finding.
1769 (d) After a petition is declared insufficient, a person may not submit additional
1770 signatures to qualify the petition for the ballot.
1771 (5) If the local clerk finds the total number of certified signatures from each verified
1772 signature sheet to be insufficient, any sponsor may file a written demand with the local clerk
1773 for a recount of the signatures appearing on the initiative petition in the presence of any
1774 sponsor.
1775 (6) A petition determined to be sufficient in accordance with this section is qualified
1776 for the ballot.
1777 Section 34. Section 20A-7-515 is amended to read:
1778 20A-7-515. Electronic initiative process -- Obtaining signatures -- Request to
1779 remove signature.
1780 (1) This section applies to the electronic initiative process.
1781 (2) A Utah voter may sign a local initiative petition if the voter is a legal voter and
1782 resides in the local jurisdiction.
1783 (3) The sponsors shall ensure that the signature-gatherer who collects a signature from
1784 an individual:
1785 (a) verifies that the individual is at least 18 years old and meets the residency
1786 requirements of Section 20A-2-105; and
1787 (b) is informed that each signer is required to read and understand the law proposed by
1788 the initiative.
1789 (4) (a) A voter who [
1790 signature removed from the petition by submitting to the county clerk a statement requesting
1791 that the voter's signature be removed before 5 p.m. no later than the earlier of:
1792 (i) 30 days after the day on which the voter signs the signature removal statement;
1793 (ii) 90 days after the day on which the local clerk posts the voter's name under
1794 Subsection 20A-7-516(4);
1795 (iii) 316 days after the day on which the application is filed; or
1796 (iv) (A) for a county initiative, April 15 immediately before the next regular general
1797 election immediately after the application is filed under Section 20A-7-502; or
1798 (B) for a municipal initiative, April 15 immediately before the next municipal general
1799 election immediately after the application is filed under Section 20A-7-502.
1800 (b) The statement described in Subsection (4)(a) shall include:
1801 (i) the name of the voter;
1802 (ii) the resident address at which the voter is registered to vote;
1803 (iii) the signature of the voter; and
1804 (iv) the date of the signature described in Subsection (4)(b)(iii).
1805 (c) To increase the likelihood of the voter's signature being identified and removed, the
1806 statement described in Subsection (4)(a) may include the voter's birth date or age.
1807 (d) A voter may not submit a signature removal statement described in Subsection
1808 (4)(a) by email or other electronic means, unless the lieutenant governor establishes a signature
1809 removal process that is consistent with the requirements of this section and Section
1810 20A-21-201.
1811 (e) A person may only remove an electronic signature from an initiative petition in
1812 accordance with this section.
1813 (f) A county clerk shall analyze a holographic signature, for purposes of removing an
1814 electronic signature from an initiative petition, in accordance with [
1815 Subsection 20A-1-1003(3).
1816 Section 35. Section 20A-7-607 is amended to read:
1817 20A-7-607. Evaluation by the local clerk -- Determination of election for vote on
1818 referendum.
1819 (1) In relation to the manual referendum process, when the local clerk receives a
1820 referendum packet from a county clerk, the local clerk shall record the number of the
1821 referendum packet received.
1822 (2) The county clerk shall:
1823 (a) in relation to the manual referendum process:
1824 (i) post the names, voter identification numbers, and dates of signatures described in
1825 Subsection [
1826 conspicuous location designated by the lieutenant governor, for at least 45 days; and
1827 (ii) update on the local clerk's website the number of signatures certified as of the date
1828 of the update; or
1829 (b) in relation to the electronic referendum process:
1830 (i) post the names, voter identification numbers, and dates of signatures described in
1831 Subsection 20A-7-616(3) on the lieutenant governor's website, in a conspicuous location
1832 designated by the lieutenant governor, for at least 45 days; and
1833 (ii) update on the lieutenant governor's website the number of signatures certified as of
1834 the date of the update.
1835 (3) The local clerk:
1836 (a) shall, except as provided in Subsection (3)(b), declare the petition to be sufficient or
1837 insufficient:
1838 (i) in relation to the manual referendum process, no later than 111 days after the day of
1839 the deadline, described in Subsection [
1840 referendum packet to the county clerk; or
1841 (ii) in relation to the electronic referendum process, no later than 111 days after the day
1842 of the deadline, described in Subsection 20A-7-616(2), to collect a signature; or
1843 (b) may declare the petition to be insufficient before the day described in Subsection
1844 (3)(a) if:
1845 (i) in relation to the manual referendum process, the total of all valid signatures on
1846 timely and lawfully submitted signature packets that have been certified by the county clerk,
1847 plus the number of signatures on timely and lawfully submitted signature packets that have not
1848 yet been evaluated for certification, is less than the number of names required under Section
1849 20A-7-601;
1850 (ii) in relation to the electronic referendum process, the total of all timely and lawfully
1851 submitted valid signatures that have been certified by the county clerks, plus the number of
1852 timely and lawfully submitted valid signatures received under Subsection 20A-21-201(6)(b)
1853 that have not yet been evaluated for certification, is less than the number of names required
1854 under Section 20A-7-601; or
1855 (iii) a requirement of this part has not been met.
1856 (4) (a) If the total number of names certified under Subsection [
1857 exceeds the number of names required under Section 20A-7-601, and the requirements of this
1858 part are met, the local clerk shall mark upon the front of the petition the word "sufficient";
1859 (b) If the total number of names certified under Subsection (3) does not equal or
1860 exceed the number of names required under Section 20A-7-601 or a requirement of this part is
1861 not met, the local clerk shall mark upon the front of the petition the word "insufficient."
1862 (c) The local clerk shall immediately notify any one of the sponsors of the local clerk's
1863 finding.
1864 (d) After a petition is declared insufficient, a person may not submit additional
1865 signatures to qualify the petition for the ballot.
1866 (5) (a) If the local clerk refuses to accept and file any referendum petition, any voter
1867 may apply to a court for an extraordinary writ to compel the local clerk to do so within 10 days
1868 after the refusal.
1869 (b) If the court determines that the referendum petition is legally sufficient, the local
1870 clerk shall file the petition, with a verified copy of the judgment attached to the petition, as of
1871 the date on which the petition was originally offered for filing in the local clerk's office.
1872 (c) If the court determines that any petition filed is not legally sufficient, the court may
1873 enjoin the local clerk and all other officers from:
1874 (i) certifying or printing the ballot title and numbers of that measure on the official
1875 ballot for the next election; or
1876 (ii) as it relates to a local tax law that is conducted entirely by mail, certifying, printing,
1877 or mailing the ballot title and numbers of that measure under Section 20A-7-609.5.
1878 (6) A petition determined to be sufficient in accordance with this section is qualified
1879 for the ballot.
1880 (7) (a) Except as provided in Subsection (7)(b) or (c), if a referendum relates to
1881 legislative action taken after April 15, the election officer may not place the referendum on an
1882 election ballot until a primary election, a general election, or a special election the following
1883 year.
1884 (b) The election officer may place a referendum described in Subsection (7)(a) on the
1885 ballot for a special, primary, or general election held during the year that the legislative action
1886 was taken if the following agree, in writing, on a timeline to place the referendum on that
1887 ballot:
1888 (i) the local clerk;
1889 (ii) the county clerk; and
1890 (iii) the attorney for the county or municipality that took the legislative action.
1891 (c) For a referendum on a land use law, if, before August 30, the local clerk or a court
1892 determines that the total number of certified names equals or exceeds the number of signatures
1893 required in Section 20A-7-601, the election officer shall place the referendum on the election
1894 ballot for:
1895 (i) the next general election; or
1896 (ii) another election, if the following agree, in writing, on a timeline to place the
1897 referendum on that ballot:
1898 (A) the affected owners, as defined in Section 10-9a-103 or 17-27a-103, as applicable;
1899 (B) the local clerk;
1900 (C) the county clerk; and
1901 (D) the attorney for the county or municipality that took the legislative action.
1902 Section 36. Section 20A-7-613 is amended to read:
1903 20A-7-613. Property tax referendum petition.
1904 (1) As used in this section, "certified tax rate" means the same as that term is defined in
1905 Section 59-2-924.
1906 (2) Except as provided in this section, the requirements of this part apply to a
1907 referendum petition challenging a taxing entity's legislative body's vote to impose a tax rate that
1908 exceeds the certified tax rate.
1909 (3) Notwithstanding Subsection [
1910 an agent of the sponsors shall deliver a signed and verified referendum packet to the county
1911 clerk of the county in which the packet was circulated before 5 p.m. no later than the earlier of:
1912 (a) 30 days after the day on which the first individual signs the packet; or
1913 (b) 40 days after the day on which the local clerk complies with Subsection
1914 20A-7-604(3).
1915 (4) Notwithstanding Subsections [
1916 county clerk shall take the actions required in Subsections [
1917 20A-7-105(6)(a) and (9) within 10 working days after the day on which the county clerk
1918 receives the signed and verified referendum packet as described in Subsection (3).
1919 (5) The local clerk shall take the actions required by Section 20A-7-607 within two
1920 working days after:
1921 (a) in relation to the manual referendum process, the day on which the local clerk
1922 receives the referendum packets from the county clerk; or
1923 (b) in relation to the electronic referendum process, the deadline described in
1924 Subsection 20A-7-616(2).
1925 (6) Notwithstanding Subsection 20A-7-608(2), the local attorney shall prepare the
1926 ballot title within two working days after the day on which the referendum petition is declared
1927 sufficient for submission to a vote of the people.
1928 (7) Notwithstanding Subsection 20A-7-609(2)(c), a referendum that qualifies for the
1929 ballot under this section shall appear on the ballot for the earlier of the next regular general
1930 election or the next municipal general election unless a special election is called.
1931 (8) The election officer shall mail manual ballots on a referendum under this section
1932 the later of:
1933 (a) the time provided in Section 20A-3a-202 or 20A-16-403; or
1934 (b) the time that ballots are prepared for mailing under this section.
1935 (9) Section 20A-7-402 does not apply to a referendum described in this section.
1936 (10) (a) If a majority of voters does not vote against imposing the tax at a rate
1937 calculated to generate the increased revenue budgeted, adopted, and approved by the taxing
1938 entity's legislative body:
1939 (i) the certified tax rate for the fiscal year during which the referendum petition is filed
1940 is its most recent certified tax rate; and
1941 (ii) the proposed increased revenues for purposes of establishing the certified tax rate
1942 for the fiscal year after the fiscal year described in Subsection (10)(a)(i) are the proposed
1943 increased revenues budgeted, adopted, and approved by the taxing entity's legislative body
1944 before the filing of the referendum petition.
1945 (b) If a majority of voters votes against imposing a tax at the rate established by the
1946 vote of the taxing entity's legislative body, the certified tax rate for the taxing entity is the
1947 taxing entity's most recent certified tax rate.
1948 (c) If the tax rate is set in accordance with Subsection (10)(a)(ii), a taxing entity is not
1949 required to comply with the notice and public hearing requirements of Section 59-2-919 if the
1950 taxing entity complies with those notice and public hearing requirements before the referendum
1951 petition is filed.
1952 (11) The ballot title shall, at a minimum, include in substantially this form the
1953 following: "Shall the [name of the taxing entity] be authorized to levy a tax rate in the amount
1954 sufficient to generate an increased property tax revenue of [amount] for fiscal year [year] as
1955 budgeted, adopted, and approved by the [name of the taxing entity].".
1956 (12) A taxing entity shall pay the county the costs incurred by the county that are
1957 directly related to meeting the requirements of this section and that the county would not have
1958 incurred but for compliance with this section.
1959 (13) (a) An election officer shall include on a ballot a referendum that has not yet
1960 qualified for placement on the ballot, if:
1961 (i) sponsors file an application for a referendum described in this section;
1962 (ii) the ballot will be used for the election for which the sponsors are attempting to
1963 qualify the referendum; and
1964 (iii) the deadline for qualifying the referendum for placement on the ballot occurs after
1965 the day on which the ballot will be printed.
1966 (b) If an election officer includes on a ballot a referendum described in Subsection
1967 (13)(a), the ballot title shall comply with Subsection (11).
1968 (c) If an election officer includes on a ballot a referendum described in Subsection
1969 (13)(a) that does not qualify for placement on the ballot, the election officer shall inform the
1970 voters by any practicable method that the referendum has not qualified for the ballot and that
1971 votes cast in relation to the referendum will not be counted.
1972 Section 37. Section 20A-7-615 is amended to read:
1973 20A-7-615. Electronic referendum process -- Obtaining signatures -- Request to
1974 remove signature.
1975 (1) This section applies to the electronic referendum process described in Section
1976 20A-21-201.
1977 (2) A Utah voter may sign a local referendum petition if the voter is a legal voter and
1978 resides in the local jurisdiction.
1979 (3) The sponsors shall ensure that the signature-gatherer who collects a signature from
1980 an individual:
1981 (a) verifies that the individual is at least 18 years old and meets the residency
1982 requirements of Section 20A-2-105; and
1983 (b) is informed that each signer is required to read and understand the law that is the
1984 subject of the referendum petition.
1985 (4) (a) A voter who [
1986 signature removed from the petition by submitting to the county clerk a statement requesting
1987 that the voter's signature be removed before 5 p.m. no later than the earlier of:
1988 (i) 30 days after the day on which the voter signs the statement requesting removal; or
1989 (ii) 45 days after the day on which the local clerk posts the voter's name under
1990 Subsection 20A-7-616(3).
1991 (b) The statement described in Subsection (4)(a) shall include:
1992 (i) the name of the voter;
1993 (ii) the resident address at which the voter is registered to vote;
1994 (iii) the signature of the voter; and
1995 (iv) the date of the signature described in Subsection (4)(b)(iii).
1996 (c) To increase the likelihood of the voter's signature being identified and removed, the
1997 statement described in Subsection (4)(a) may include the voter's birth date or age.
1998 (d) A voter may not submit a signature removal statement described in Subsection
1999 (4)(a) by email or other electronic means, unless the lieutenant governor establishes a signature
2000 removal process that is consistent with the requirements of this section and Section
2001 20A-21-201.
2002 (e) A person may only remove an electronic signature from an initiative petition in
2003 accordance with this section.
2004 (f) A county clerk shall analyze a holographic signature, for purposes of removing an
2005 electronic signature from a referendum petition, in accordance with [
2006 Subsection 20A-1-1003(3).
2007 Section 38. Section 20A-8-103 is amended to read:
2008 20A-8-103. Petition procedures -- Criminal penalty -- Removal of signature.
2009 (1) As used in this section, the proposed name or emblem of a registered political party
2010 is "distinguishable" if a reasonable person of average intelligence will be able to perceive a
2011 difference between the proposed name or emblem and any name or emblem currently being
2012 used by another registered political party.
2013 (2) To become a registered political party, an organization of registered voters that is
2014 not a continuing political party shall:
2015 (a) circulate a petition seeking registered political party status beginning no earlier than
2016 the date of the statewide canvass held after the last regular general election and ending before 5
2017 p.m. no later than November 30 of the year before the year in which the next regular general
2018 election will be held;
2019 (b) file a petition with the lieutenant governor that is signed, with a holographic
2020 signature, by at least 2,000 registered voters before 5 p.m. no later than November 30 of the
2021 year in which a regular general election will be held; and
2022 (c) file, with the petition described in Subsection (2)(b), a document certifying:
2023 (i) the identity of one or more registered political parties whose members may vote for
2024 the organization's candidates;
2025 (ii) whether unaffiliated voters may vote for the organization's candidates; and
2026 (iii) whether, for the next election, the organization intends to nominate the
2027 organization's candidates in accordance with the provisions of Section 20A-9-406.
2028 (3) The petition shall:
2029 (a) be on sheets of paper 8-1/2 inches long and 11 inches wide;
2030 (b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
2031 blank for the purpose of binding;
2032 (c) contain the name of the political party and the words "Political Party Registration
2033 Petition" printed directly below the horizontal line;
2034 (d) contain the word "Warning" printed directly under the words described in
2035 Subsection (3)(c);
2036 (e) contain, to the right of the word "Warning," the following statement printed in not
2037 less than eight-point, single leaded type:
2038 "It is a class A misdemeanor for anyone to knowingly sign a political party registration
2039 petition signature sheet with any name other than the individual's own name or more than once
2040 for the same party or if the individual is not registered to vote in this state and does not intend
2041 to become registered to vote in this state before the petition is submitted to the lieutenant
2042 governor.";
2043 (f) contain the following statement directly under the statement described in Subsection
2044 (3)(e):
2045 "POLITICAL PARTY REGISTRATION PETITION To the Honorable ____,
2046 Lieutenant Governor:
2047 We, the undersigned citizens of Utah, seek registered political party status for ____
2048 (name);
2049 Each signer says:
2050 I have personally signed this petition with a holographic signature;
2051 I am registered to vote in Utah or will register to vote in Utah before the petition is
2052 submitted to the lieutenant governor;
2053 I am or desire to become a member of the political party; and
2054 My street address is written correctly after my name.";
2055 (g) be vertically divided into columns as follows:
2056 (i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
2057 headed with "For Office Use Only," and be subdivided with a light vertical line down the
2058 middle;
2059 (ii) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
2060 Name (must be legible to be counted)";
2061 (iii) the next column shall be 2-1/2 inches wide, headed "Holographic Signature of
2062 Registered Voter";
2063 (iv) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
2064 (v) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
2065 Code"; and
2066 (vi) at the bottom of the sheet, contain the following statement: "Birth date or age
2067 information is not required, but it may be used to verify your identity with voter registration
2068 records. If you choose not to provide it, your signature may not be certified as a valid signature
2069 if you change your address before petition signatures are certified or if the information you
2070 provide does not match your voter registration records.";
2071 (h) have a final page bound to one or more signature sheets that are bound together that
2072 contains the following printed statement:
2073 "Verification
2074 State of Utah, County of ____
2075 I, _______________, of ____, hereby state that:
2076 I am a Utah resident and am at least 18 years old;
2077 All the names that appear on the signature sheets bound to this page were signed by
2078 individuals who professed to be the individuals whose names appear on the signature sheets,
2079 and each individual signed the individual's name on the signature sheets in my presence;
2080 I believe that each individual has printed and signed the individual's name and written
2081 the individual's street address correctly, and that each individual is registered to vote in Utah or
2082 will register to vote in Utah before the petition is submitted to the lieutenant governor.
2083 ______________________________________________________________________
2084 (Signature) (Residence Address) (Date)"; and
2085 (i) be bound to a cover sheet that:
2086 (i) identifies the political party's name, which may not exceed four words, and the
2087 emblem of the party;
2088 (ii) states the process that the organization will follow to organize and adopt a
2089 constitution and bylaws; and
2090 (iii) is signed by a filing officer, who agrees to receive communications on behalf of
2091 the organization.
2092 (4) The filing officer described in Subsection (3)(i)(iii) shall ensure that the individual
2093 in whose presence each signature sheet is signed:
2094 (a) is at least 18 years old;
2095 (b) meets the residency requirements of Section 20A-2-105; and
2096 (c) verifies each signature sheet by completing the verification bound to one or more
2097 signature sheets that are bound together.
2098 (5) An individual may not sign the verification if the individual signed a signature
2099 sheet bound to the verification.
2100 (6) The lieutenant governor shall:
2101 (a) [
2102 procedures described in Section 20A-1-1002 to determine whether a signer is a registered
2103 voter;
2104 (b) review the proposed name and emblem to determine if they are "distinguishable"
2105 from the names and emblems of other registered political parties; and
2106 (c) certify the lieutenant governor's findings to the filing officer described in
2107 Subsection (3)(i)(iii) within 30 days of the filing of the petition.
2108 (7) (a) If the lieutenant governor determines that the petition meets the requirements of
2109 this section, and that the proposed name and emblem are distinguishable, the lieutenant
2110 governor shall authorize the filing officer described in Subsection (3)(i)(iii) to organize the
2111 prospective political party.
2112 (b) If the lieutenant governor finds that the name, emblem, or both are not
2113 distinguishable from the names and emblems of other registered political parties, the lieutenant
2114 governor shall notify the filing officer that the filing officer has seven days to submit a new
2115 name or emblem to the lieutenant governor.
2116 (8) A registered political party may not change its name or emblem during the regular
2117 general election cycle.
2118 (9) (a) It is unlawful for an individual to:
2119 (i) knowingly sign a political party registration petition:
2120 (A) with any name other than the individual's own name;
2121 (B) more than once for the same political party; or
2122 (C) if the individual is not registered to vote in this state and does not intend to become
2123 registered to vote in this state before the petition is submitted to the lieutenant governor; or
2124 (ii) sign the verification of a political party registration petition signature sheet if the
2125 individual:
2126 (A) does not meet the residency requirements of Section 20A-2-105;
2127 (B) has not witnessed the signing by those individuals whose names appear on the
2128 political party registration petition signature sheet; or
2129 (C) knows that an individual whose signature appears on the political party registration
2130 petition signature sheet is not registered to vote in this state and does not intend to become
2131 registered to vote in this state.
2132 (b) An individual who violates this Subsection (9) is guilty of a class A misdemeanor.
2133 (10) (a) A voter who signs a petition under this section may have the voter's signature
2134 removed from the petition by, no later than three business days after the day on which the
2135 petition is filed with the lieutenant governor, submitting to the lieutenant governor a statement
2136 requesting that the voter's signature be removed.
2137 (b) A statement described in Subsection (10)(a) shall comply with the requirements
2138 described in Subsection 20A-1-1003(2).
2139 (c) The lieutenant governor shall use the procedures described in Subsection
2140 20A-1-1003(3) to determine whether to remove an individual's signature from a petition after
2141 receiving a timely, valid statement requesting removal of the signature.
2142 Section 39. Section 20A-9-203 is amended to read:
2143 20A-9-203. Declarations of candidacy -- Municipal general elections --
2144 Nomination petition -- Removal of signature.
2145 (1) An individual may become a candidate for any municipal office if:
2146 (a) the individual is a registered voter; and
2147 (b) (i) the individual has resided within the municipality in which the individual seeks
2148 to hold elective office for the 12 consecutive months immediately before the date of the
2149 election; or
2150 (ii) the territory in which the individual resides was annexed into the municipality, the
2151 individual has resided within the annexed territory or the municipality the 12 consecutive
2152 months immediately before the date of the election.
2153 (2) (a) For purposes of determining whether an individual meets the residency
2154 requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than 12 months
2155 before the election, the municipality is considered to have been incorporated 12 months before
2156 the date of the election.
2157 (b) In addition to the requirements of Subsection (1), each candidate for a municipal
2158 council position shall, if elected from a district, be a resident of the council district from which
2159 the candidate is elected.
2160 (c) In accordance with Utah Constitution, Article IV, Section 6, a mentally incompetent
2161 individual, an individual convicted of a felony, or an individual convicted of treason or a crime
2162 against the elective franchise may not hold office in this state until the right to hold elective
2163 office is restored under Section 20A-2-101.3 or 20A-2-101.5.
2164 (3) (a) An individual seeking to become a candidate for a municipal office shall,
2165 regardless of the nomination method by which the individual is seeking to become a candidate:
2166 (i) except as provided in Subsection (3)(b) or [
2167 Alternate Voting Methods Pilot Project, and subject to Subsection 20A-9-404(3)(e), file a
2168 declaration of candidacy, in person with the city recorder or town clerk, during the office hours
2169 described in Section 10-3-301 and not later than the close of those office hours, between June 1
2170 and June 7 of any odd-numbered year; and
2171 (ii) pay the filing fee, if one is required by municipal ordinance.
2172 (b) Subject to Subsection (5)(b), an individual may designate an agent to file a
2173 declaration of candidacy with the city recorder or town clerk if:
2174 (i) the individual is located outside of the state during the entire filing period;
2175 (ii) the designated agent appears in person before the city recorder or town clerk;
2176 (iii) the individual communicates with the city recorder or town clerk using an
2177 electronic device that allows the individual and city recorder or town clerk to see and hear each
2178 other; and
2179 (iv) the individual provides the city recorder or town clerk with an email address to
2180 which the city recorder or town clerk may send the individual the copies described in
2181 Subsection (4).
2182 (c) Any resident of a municipality may nominate a candidate for a municipal office by:
2183 (i) except as provided in [
2184 Methods Pilot Project, filing a nomination petition with the city recorder or town clerk during
2185 the office hours described in Section 10-3-301 and not later than the close of those office
2186 hours, between June 1 and June 7 of any odd-numbered year that includes signatures in support
2187 of the nomination petition of the lesser of at least:
2188 (A) 25 registered voters who reside in the municipality; or
2189 (B) 20% of the registered voters who reside in the municipality; and
2190 (ii) paying the filing fee, if one is required by municipal ordinance.
2191 (4) (a) Before the filing officer may accept any declaration of candidacy or nomination
2192 petition, the filing officer shall:
2193 (i) read to the prospective candidate or individual filing the petition the constitutional
2194 and statutory qualification requirements for the office that the candidate is seeking;
2195 (ii) require the candidate or individual filing the petition to state whether the candidate
2196 meets the requirements described in Subsection (4)(a)(i); and
2197 (iii) inform the candidate or the individual filing the petition that an individual who
2198 holds a municipal elected office may not, at the same time, hold a county elected office.
2199 (b) If the prospective candidate does not meet the qualification requirements for the
2200 office, the filing officer may not accept the declaration of candidacy or nomination petition.
2201 (c) If it appears that the prospective candidate meets the requirements of candidacy, the
2202 filing officer shall:
2203 (i) inform the candidate that the candidate's name will appear on the ballot as it is
2204 written on the declaration of candidacy;
2205 (ii) provide the candidate with a copy of the current campaign financial disclosure laws
2206 for the office the candidate is seeking and inform the candidate that failure to comply will
2207 result in disqualification as a candidate and removal of the candidate's name from the ballot;
2208 (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
2209 Electronic Voter Information Website Program and inform the candidate of the submission
2210 deadline under Subsection 20A-7-801(4)(a);
2211 (iv) provide the candidate with a copy of the pledge of fair campaign practices
2212 described under Section 20A-9-206 and inform the candidate that:
2213 (A) signing the pledge is voluntary; and
2214 (B) signed pledges shall be filed with the filing officer; and
2215 (v) accept the declaration of candidacy or nomination petition.
2216 (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
2217 officer shall:
2218 (i) accept the candidate's pledge; and
2219 (ii) if the candidate has filed for a partisan office, provide a certified copy of the
2220 candidate's pledge to the chair of the county or state political party of which the candidate is a
2221 member.
2222 (5) (a) The declaration of candidacy shall be in substantially the following form:
2223 "I, (print name) ____, being first sworn and under penalty of perjury, say that I reside at
2224 ____ Street, City of ____, County of ____, state of Utah, Zip Code ____, Telephone Number
2225 (if any) ____; that I am a registered voter; and that I am a candidate for the office of ____
2226 (stating the term). I will meet the legal qualifications required of candidates for this office. If
2227 filing via a designated agent, I attest that I will be out of the state of Utah during the entire
2228 candidate filing period. I will file all campaign financial disclosure reports as required by law
2229 and I understand that failure to do so will result in my disqualification as a candidate for this
2230 office and removal of my name from the ballot. I request that my name be printed upon the
2231 applicable official ballots. (Signed) _______________
2232 Subscribed and sworn to (or affirmed) before me by ____ on this
2233 __________(month\day\year).
2234 (Signed) _______________ (Clerk or other officer qualified to administer oath)."
2235 (b) An agent designated under Subsection (3)(b) to file a declaration of candidacy may
2236 not sign the form described in Subsection (5)(a).
2237 (c) (i) A nomination petition shall be in substantially the following form:
2238 "NOMINATION PETITION
2239 The undersigned residents of (name of municipality), being registered voters, nominate
2240 (name of nominee) for the office of (name of office) for the (length of term of office)."
2241 (ii) The remainder of the petition shall contain lines and columns for the signatures of
2242 individuals signing the petition and each individual's address and phone number.
2243 (6) If the declaration of candidacy or nomination petition fails to state whether the
2244 nomination is for the two-year or four-year term, the clerk shall consider the nomination to be
2245 for the four-year term.
2246 (7) (a) (i) The clerk shall verify with the county clerk that all candidates are registered
2247 voters.
2248 (b) [
2249
2250 procedures described in Section 20A-1-1002, the municipal clerk shall determine whether the
2251 required number of signatures of registered voters appears on a nomination petition.
2252 (8) Immediately after expiration of the period for filing a declaration of candidacy, the
2253 clerk shall:
2254 (a) publicize a list of the names of the candidates as they will appear on the ballot:
2255 (i) (A) by publishing the list in at least two successive publications of a newspaper of
2256 general circulation in the municipality;
2257 (B) by posting one copy of the list, and at least one additional copy of the list per 2,000
2258 population of the municipality, in places within the municipality that are most likely to give
2259 notice to the voters in the municipality, subject to a maximum of 10 lists; or
2260 (C) by mailing the list to each registered voter in the municipality;
2261 (ii) by posting the list on the Utah Public Notice Website, created in Section
2262 63A-16-601, for seven days; and
2263 (iii) if the municipality has a website, by posting the list on the municipality's website
2264 for seven days; and
2265 (b) notify the lieutenant governor of the names of the candidates as they will appear on
2266 the ballot.
2267 (9) Except as provided in Subsection (10)(c), an individual may not amend a
2268 declaration of candidacy or nomination petition filed under this section after the candidate
2269 filing period ends.
2270 (10) (a) A declaration of candidacy or nomination petition that an individual files under
2271 this section is valid unless a person files a written objection with the clerk before 5 p.m. within
2272 10 days after the last day for filing.
2273 (b) If a person files an objection, the clerk shall:
2274 (i) mail or personally deliver notice of the objection to the affected candidate
2275 immediately; and
2276 (ii) decide any objection within 48 hours after the objection is filed.
2277 (c) If the clerk sustains the objection, the candidate may, before 5 p.m. within three
2278 days after the day on which the clerk sustains the objection, correct the problem for which the
2279 objection is sustained by amending the candidate's declaration of candidacy or nomination
2280 petition, or by filing a new declaration of candidacy.
2281 (d) (i) The clerk's decision upon objections to form is final.
2282 (ii) The clerk's decision upon substantive matters is reviewable by a district court if
2283 prompt application is made to the district court.
2284 (iii) The decision of the district court is final unless the Supreme Court, in the exercise
2285 of its discretion, agrees to review the lower court decision.
2286 (11) A candidate who qualifies for the ballot under this section may withdraw as a
2287 candidate by filing a written affidavit with the municipal clerk.
2288 (12) (a) A voter who signs a nomination petition under this section may have the
2289 voter's signature removed from the petition by, no later than three business days after the day
2290 on which the petition is filed with the city recorder or municipal clerk, submitting to the
2291 municipal clerk a statement requesting that the voter's signature be removed.
2292 (b) A statement described in Subsection (12)(a) shall comply with the requirements
2293 described in Subsection 20A-1-1003(2).
2294 (c) With the assistance of the county clerk and using the procedures described in
2295 Subsection 20A-1-1003(3), the municipal clerk shall determine whether to remove an
2296 individual's signature from a petition after receiving a timely, valid statement requesting
2297 removal of the signature.
2298 Section 40. Section 20A-9-403 is amended to read:
2299 20A-9-403. Regular primary elections.
2300 (1) (a) Candidates for elective office that are to be filled at the next regular general
2301 election shall be nominated in a regular primary election by direct vote of the people in the
2302 manner prescribed in this section. The regular primary election is held on the date specified in
2303 Section 20A-1-201.5. Nothing in this section shall affect a candidate's ability to qualify for a
2304 regular general election's ballot as an unaffiliated candidate under Section 20A-9-501 or to
2305 participate in a regular general election as a write-in candidate under Section 20A-9-601.
2306 (b) Each registered political party that chooses to have the names of the registered
2307 political party's candidates for elective office featured with party affiliation on the ballot at a
2308 regular general election shall comply with the requirements of this section and shall nominate
2309 the registered political party's candidates for elective office in the manner described in this
2310 section.
2311 (c) A filing officer may not permit an official ballot at a regular general election to be
2312 produced or used if the ballot denotes affiliation between a registered political party or any
2313 other political group and a candidate for elective office who is not nominated in the manner
2314 prescribed in this section or in Subsection 20A-9-202(4).
2315 (d) Unless noted otherwise, the dates in this section refer to those that occur in each
2316 even-numbered year in which a regular general election will be held.
2317 (2) (a) Each registered political party, in a statement filed with the lieutenant governor,
2318 shall:
2319 (i) either declare the registered political party's intent to participate in the next regular
2320 primary election or declare that the registered political party chooses not to have the names of
2321 the registered political party's candidates for elective office featured on the ballot at the next
2322 regular general election; and
2323 (ii) if the registered political party participates in the upcoming regular primary
2324 election, identify one or more registered political parties whose members may vote for the
2325 registered political party's candidates and whether individuals identified as unaffiliated with a
2326 political party may vote for the registered political party's candidates.
2327 (b) (i) A registered political party that is a continuing political party shall file the
2328 statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
2329 November 30 of each odd-numbered year.
2330 (ii) An organization that is seeking to become a registered political party under Section
2331 20A-8-103 shall file the statement described in Subsection (2)(a) at the time that the registered
2332 political party files the petition described in Section 20A-8-103.
2333 (3) (a) Except as provided in Subsection (3)(e), an individual who submits a
2334 declaration of candidacy under Section 20A-9-202 shall appear as a candidate for elective
2335 office on the regular primary ballot of the registered political party listed on the declaration of
2336 candidacy only if the individual is certified by the appropriate filing officer as having submitted
2337 a nomination petition that was:
2338 (i) circulated and completed in accordance with Section 20A-9-405; and
2339 (ii) signed by at least 2% of the registered political party's members who reside in the
2340 political division of the office that the individual seeks.
2341 (b) (i) A candidate for elective office shall submit signatures for a nomination petition
2342 to the appropriate filing officer for verification and certification no later than 5 p.m. on the final
2343 day in March.
2344 (ii) A candidate may supplement the candidate's submissions at any time on or before
2345 the filing deadline.
2346 (c) (i) The lieutenant governor shall determine for each elective office the total number
2347 of signatures that must be submitted under Subsection (3)(a)(ii) or 20A-9-408(8) by counting
2348 the aggregate number of individuals residing in each elective office's political division who
2349 have designated a particular registered political party on the individuals' voter registration
2350 forms on or before November 15 of each odd-numbered year.
2351 (ii) The lieutenant governor shall publish the determination for each elective office no
2352 later than November 30 of each odd-numbered year.
2353 (d) The filing officer shall:
2354 (i) except as otherwise provided in Section 20A-21-201, verify signatures on
2355 nomination petitions in a transparent and orderly manner, no later than 14 days after the day on
2356 which a candidate submits the signatures to the filing officer;
2357 (ii) for all qualifying candidates for elective office who submit nomination petitions to
2358 the filing officer, issue certifications referenced in Subsection (3)(a) no later than the deadline
2359 described in Subsection 20A-9-202(1)(b);
2360 (iii) consider active and inactive voters eligible to sign nomination petitions;
2361 (iv) consider an individual who signs a nomination petition a member of a registered
2362 political party for purposes of Subsection (3)(a)(ii) if the individual has designated that
2363 registered political party as the individual's party membership on the individual's voter
2364 registration form; and
2365 (v) except as otherwise provided in Section 20A-21-201[
2366 assistance of the county clerk as applicable, use the procedures described in Section
2367 [
2368 sampling procedures to verify submitted nomination petition signatures in accordance with
2369 rules made under Subsection (3)(f).
2370 (e) Notwithstanding any other provision in this Subsection (3), a candidate for
2371 lieutenant governor may appear on the regular primary ballot of a registered political party
2372 without submitting nomination petitions if the candidate files a declaration of candidacy and
2373 complies with Subsection 20A-9-202(3).
2374 (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2375 director of elections, within the Office of the Lieutenant Governor, may make rules that:
2376 (i) provide for the use of statistical sampling procedures that:
2377 (A) filing officers are required to use to verify signatures under Subsection (3)(d); and
2378 (B) reflect a bona fide effort to determine the validity of a candidate's entire
2379 submission, using widely recognized statistical sampling techniques; and
2380 (ii) provide for the transparent, orderly, and timely submission, verification, and
2381 certification of nomination petition signatures.
2382 (g) The county clerk shall:
2383 (i) review the declarations of candidacy filed by candidates for local boards of
2384 education to determine if more than two candidates have filed for the same seat;
2385 (ii) place the names of all candidates who have filed a declaration of candidacy for a
2386 local board of education seat on the nonpartisan section of the ballot if more than two
2387 candidates have filed for the same seat; and
2388 (iii) determine the order of the local board of education candidates' names on the ballot
2389 in accordance with Section 20A-6-305.
2390 (4) (a) Before the deadline described in Subsection 20A-9-409(4)(c), the lieutenant
2391 governor shall provide to the county clerks:
2392 (i) a list of the names of all candidates for federal, constitutional, multi-county, single
2393 county, and county offices who have received certifications under Subsection (3), along with
2394 instructions on how those names shall appear on the primary election ballot in accordance with
2395 Section 20A-6-305; and
2396 (ii) a list of unopposed candidates for elective office who have been nominated by a
2397 registered political party under Subsection (5)(c) and instruct the county clerks to exclude the
2398 unopposed candidates from the primary election ballot.
2399 (b) A candidate for lieutenant governor and a candidate for governor campaigning as
2400 joint-ticket running mates shall appear jointly on the primary election ballot.
2401 (c) After the county clerk receives the certified list from the lieutenant governor under
2402 Subsection (4)(a), the county clerk shall post or publish a primary election notice in
2403 substantially the following form:
2404 "Notice is given that a primary election will be held Tuesday, June ____,
2405 ________(year), to nominate party candidates for the parties and candidates for nonpartisan
2406 local school board positions listed on the primary ballot. The polling place for voting precinct
2407 ____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
2408 Attest: county clerk."
2409 (5) (a) A candidate who, at the regular primary election, receives the highest number of
2410 votes cast for the office sought by the candidate is:
2411 (i) nominated for that office by the candidate's registered political party; or
2412 (ii) for a nonpartisan local school board position, nominated for that office.
2413 (b) If two or more candidates are to be elected to the office at the regular general
2414 election, those party candidates equal in number to positions to be filled who receive the
2415 highest number of votes at the regular primary election are the nominees of the candidates'
2416 party for those positions.
2417 (c) (i) As used in this Subsection (5)(c), a candidate is "unopposed" if:
2418 (A) no individual other than the candidate receives a certification under Subsection (3)
2419 for the regular primary election ballot of the candidate's registered political party for a
2420 particular elective office; or
2421 (B) for an office where more than one individual is to be elected or nominated, the
2422 number of candidates who receive certification under Subsection (3) for the regular primary
2423 election of the candidate's registered political party does not exceed the total number of
2424 candidates to be elected or nominated for that office.
2425 (ii) A candidate who is unopposed for an elective office in the regular primary election
2426 of a registered political party is nominated by the party for that office without appearing on the
2427 primary election ballot.
2428 (6) (a) When a tie vote occurs in any primary election for any national, state, or other
2429 office that represents more than one county, the governor, lieutenant governor, and attorney
2430 general shall, at a public meeting called by the governor and in the presence of the candidates
2431 involved, select the nominee by lot cast in whatever manner the governor determines.
2432 (b) When a tie vote occurs in any primary election for any county office, the district
2433 court judges of the district in which the county is located shall, at a public meeting called by
2434 the judges and in the presence of the candidates involved, select the nominee by lot cast in
2435 whatever manner the judges determine.
2436 (7) The expense of providing all ballots, blanks, or other supplies to be used at any
2437 primary election provided for by this section, and all expenses necessarily incurred in the
2438 preparation for or the conduct of that primary election shall be paid out of the treasury of the
2439 county or state, in the same manner as for the regular general elections.
2440 (8) An individual may not file a declaration of candidacy for a registered political party
2441 of which the individual is not a member, except to the extent that the registered political party
2442 permits otherwise under the registered political party's bylaws.
2443 Section 41. Section 20A-9-404 is amended to read:
2444 20A-9-404. Municipal primary elections.
2445 (1) (a) Except as otherwise provided in this section or Chapter 4, Part 6, Municipal
2446 Alternate Voting Methods Pilot Project, candidates for municipal office in all municipalities
2447 shall be nominated at a municipal primary election.
2448 (b) Municipal primary elections shall be held:
2449 (i) consistent with Section 20A-1-201.5, on the second Tuesday following the first
2450 Monday in the August before the regular municipal election; and
2451 (ii) whenever possible, at the same polling places as the regular municipal election.
2452 (2) Except as otherwise provided in Chapter 4, Part 6, Municipal Alternate Voting
2453 Methods Pilot Project, if the number of candidates for a particular municipal office does not
2454 exceed twice the number of individuals needed to fill that office, a primary election for that
2455 office may not be held and the candidates are considered nominated.
2456 (3) (a) For purposes of this Subsection (3), "convention" means an organized assembly
2457 of voters or delegates.
2458 (b) (i) By ordinance adopted before the May 1 that falls before a regular municipal
2459 election, any third, fourth, or fifth class city or town may exempt itself from a primary election
2460 by providing that the nomination of candidates for municipal office to be voted upon at a
2461 municipal election be nominated by a municipal party convention or committee.
2462 (ii) The municipal party convention or committee described in Subsection (3)(b)(i)
2463 shall be held on or before May 30 of an odd-numbered year.
2464 (iii) Any primary election exemption ordinance adopted under this Subsection (3)
2465 remains in effect until repealed by ordinance.
2466 (c) (i) A convention or committee may not nominate more than one candidate for each
2467 of the municipal offices to be voted upon at the municipal election.
2468 (ii) A convention or committee may not nominate an individual who has accepted the
2469 nomination of a different convention or committee.
2470 (iii) A municipal party may not have more than one group of candidates placed upon
2471 the ballot and may not group the same candidates on different tickets by the same party under a
2472 different name or emblem.
2473 (d) (i) On or before May 31 of an odd-numbered year, a convention or committee shall
2474 prepare and submit to the filing officer a certificate of nomination for each individual
2475 nominated.
2476 (ii) The certificate of nomination shall:
2477 (A) contain the name of the office for which each individual is nominated, the name,
2478 post office address, and, if in a city, the street number of residence and place of business, if
2479 any, of each individual nominated;
2480 (B) designate in not more than five words the party that the convention or committee
2481 represents;
2482 (C) contain a copy of the resolution passed at the convention that authorized the
2483 committee to make the nomination;
2484 (D) contain a statement certifying that the name of the candidate nominated by the
2485 political party will not appear on the ballot as a candidate for any other political party;
2486 (E) be signed by the presiding officer and secretary of the convention or committee;
2487 and
2488 (F) contain a statement identifying the residence and post office address of the
2489 presiding officer and secretary and certifying that the presiding officer and secretary were
2490 officers of the convention or committee and that the certificates are true to the best of their
2491 knowledge and belief.
2492 (iii) A candidate nominated by a municipal party convention or committee shall file a
2493 declaration with the filing officer in accordance with Subsection 20A-9-203(3) that includes:
2494 (A) the name of the municipal party or convention that nominated the candidate; and
2495 (B) the office for which the convention or committee nominated the candidate.
2496 (e) A committee appointed at a convention, if authorized by an enabling resolution,
2497 may also make nominations or fill vacancies in nominations made at a convention if the
2498 committee makes the nomination before the deadline for a write-in candidate to file a
2499 declaration of candidacy under Section 20A-9-601.
2500 (f) The election ballot shall substantially comply with the form prescribed in Chapter 6,
2501 Part 4, Ballot Form Requirements for Municipal Elections, but the party name shall be included
2502 with the candidate's name.
2503 (4) (a) Any third, fourth, or fifth class city or a town may adopt an ordinance before the
2504 May 1 that falls before the regular municipal election that:
2505 (i) exempts the city or town from the other methods of nominating candidates to
2506 municipal office provided in this section; and
2507 (ii) provides for a municipal partisan convention method of nominating candidates as
2508 provided in this Subsection (4).
2509 (b) (i) Any party that was a registered political party at the last regular general election
2510 or regular municipal election is a municipal political party under this section.
2511 (ii) Any political party may qualify as a municipal political party by presenting a
2512 petition to the city recorder that:
2513 (A) is signed, with a holographic signature, by registered voters within the municipality
2514 equal to at least 20% of the number of votes cast for all candidates for mayor in the last
2515 municipal election at which a mayor was elected;
2516 (B) is filed with the city recorder or town clerk before 5 p.m. no later than the day
2517 before the day on which the municipal party holds a convention to nominate a candidate under
2518 this Subsection (4);
2519 (C) is substantially similar to the form of the signature sheets described in Section
2520 20A-7-303; and
2521 (D) contains the name of the municipal political party using not more than five words.
2522 (iii) With the assistance of the county clerk, the city recorder or town clerk shall use the
2523 procedures described in Section 20A-1-1002 to determine whether each signer is a registered
2524 voter who is qualified to sign the petition.
2525 (c) (i) If the number of candidates for a particular office does not exceed twice the
2526 number of offices to be filled at the regular municipal election, no primary election for that
2527 office shall be held and the candidates are considered to be nominated.
2528 (ii) If the number of candidates for a particular office exceeds twice the number of
2529 offices to be filled at the regular municipal election, those candidates for municipal office shall
2530 be nominated at a municipal primary election.
2531 (d) The clerk shall ensure that the partisan municipal primary ballot is similar to the
2532 ballot forms required by Section 20A-6-401 and, as applicable, Section 20A-6-401.1.
2533 (e) After marking a municipal primary ballot, the voter shall deposit the ballot in the
2534 blank ballot box.
2535 (f) Immediately after the canvass, the election judges shall, without examination,
2536 destroy the tickets deposited in the blank ballot box.
2537 (5) (a) A voter who signs a petition under Subsection (4)(b)(ii) may have the voter's
2538 signature removed from the petition by, no later than three business days after the day on which
2539 the petition is filed with the city recorder or town clerk, submitting to the city recorder or town
2540 clerk a statement requesting that the voter's signature be removed.
2541 (b) A statement described in Subsection (5)(a) shall comply with the requirements
2542 described in Subsection 20A-1-1003(2).
2543 (c) With the assistance of the county clerk and using the procedures described in
2544 Subsection 20A-1-1003(3), the city recorder or town clerk shall determine whether to remove
2545 an individual's signature from a petition after receiving a timely, valid statement requesting
2546 removal of the signature.
2547 Section 42. Section 20A-9-408 is amended to read:
2548 20A-9-408. Signature-gathering process to seek the nomination of a qualified
2549 political party -- Removal of signature.
2550 (1) This section describes the requirements for a member of a qualified political party
2551 who is seeking the nomination of the qualified political party for an elective office through the
2552 signature-gathering process described in this section.
2553 (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of
2554 candidacy for a member of a qualified political party who is nominated by, or who is seeking
2555 the nomination of, the qualified political party under this section shall be substantially as
2556 described in Section 20A-9-408.5.
2557 (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
2558 20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
2559 nomination of the qualified political party for an elective office that is to be filled at the next
2560 general election shall:
2561 (a) during the declaration of candidacy filing period described in Section 20A-9-201.5,
2562 and before gathering signatures under this section, file with the filing officer on a form
2563 approved by the lieutenant governor a notice of intent to gather signatures for candidacy that
2564 includes:
2565 (i) the name of the member who will attempt to become a candidate for a registered
2566 political party under this section;
2567 (ii) the name of the registered political party for which the member is seeking
2568 nomination;
2569 (iii) the office for which the member is seeking to become a candidate;
2570 (iv) the address and telephone number of the member; and
2571 (v) other information required by the lieutenant governor;
2572 (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
2573 in person, with the filing officer during the declaration of candidacy filing period described in
2574 Section 20A-9-201.5; and
2575 (c) pay the filing fee.
2576 (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
2577 party who, under this section, is seeking the nomination of the qualified political party for the
2578 office of district attorney within a multicounty prosecution district that is to be filled at the next
2579 general election shall:
2580 (a) during the declaration of candidacy filing period described in Section 20A-9-201.5,
2581 and before gathering signatures under this section, file with the filing officer on a form
2582 approved by the lieutenant governor a notice of intent to gather signatures for candidacy that
2583 includes:
2584 (i) the name of the member who will attempt to become a candidate for a registered
2585 political party under this section;
2586 (ii) the name of the registered political party for which the member is seeking
2587 nomination;
2588 (iii) the office for which the member is seeking to become a candidate;
2589 (iv) the address and telephone number of the member; and
2590 (v) other information required by the lieutenant governor;
2591 (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
2592 in person, with the filing officer during the declaration of candidacy filing period described in
2593 Section 20A-9-201.5; and
2594 (c) pay the filing fee.
2595 (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
2596 who files as the joint-ticket running mate of an individual who is nominated by a qualified
2597 political party, under this section, for the office of governor shall, during the declaration of
2598 candidacy filing period described in Section 20A-9-201.5, file a declaration of candidacy and
2599 submit a letter from the candidate for governor that names the lieutenant governor candidate as
2600 a joint-ticket running mate.
2601 (6) The lieutenant governor shall ensure that the certification described in Subsection
2602 20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
2603 under this section.
2604 (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
2605 is nominated by a qualified political party under this section, designate the qualified political
2606 party that nominated the candidate.
2607 (8) A member of a qualified political party may seek the nomination of the qualified
2608 political party for an elective office by:
2609 (a) complying with the requirements described in this section; and
2610 (b) collecting signatures, on a form approved by the lieutenant governor that complies
2611 with Subsection 20A-9-405(3), during the period beginning on the day on which the member
2612 files a notice of intent to gather signatures and ending at 5 p.m. 14 days before the day on
2613 which the qualified political party's convention for the office is held, in the following amounts:
2614 (i) for a statewide race, 28,000 signatures of registered voters in the state who are
2615 permitted by the qualified political party to vote for the qualified political party's candidates in
2616 a primary election;
2617 (ii) for a congressional district race, 7,000 signatures of registered voters who are
2618 residents of the congressional district and are permitted by the qualified political party to vote
2619 for the qualified political party's candidates in a primary election;
2620 (iii) for a state Senate district race, 2,000 signatures of registered voters who are
2621 residents of the state Senate district and are permitted by the qualified political party to vote for
2622 the qualified political party's candidates in a primary election;
2623 (iv) for a state House district race, 1,000 signatures of registered voters who are
2624 residents of the state House district and are permitted by the qualified political party to vote for
2625 the qualified political party's candidates in a primary election;
2626 (v) for a State Board of Education race, the lesser of:
2627 (A) 2,000 signatures of registered voters who are residents of the State Board of
2628 Education district and are permitted by the qualified political party to vote for the qualified
2629 political party's candidates in a primary election; or
2630 (B) 3% of the registered voters of the qualified political party who are residents of the
2631 applicable State Board of Education district; and
2632 (vi) for a county office race, signatures of 3% of the registered voters who are residents
2633 of the area permitted to vote for the county office and are permitted by the qualified political
2634 party to vote for the qualified political party's candidates in a primary election.
2635 (9) (a) This Subsection (9) applies only to the manual candidate qualification process.
2636 (b) In order for a member of the qualified political party to qualify as a candidate for
2637 the qualified political party's nomination for an elective office under this section, using the
2638 manual candidate qualification process, the member shall:
2639 (i) collect the signatures on a form approved by the lieutenant governor, using the same
2640 circulation and verification requirements described in Sections 20A-7-105 and 20A-7-204 [
2641
2642 (ii) submit the signatures to the election officer before 5 p.m. no later than 14 days
2643 before the day on which the qualified political party holds the party's convention to select
2644 candidates, for the elective office, for the qualified political party's nomination.
2645 (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the
2646 election officer shall, no later than the earlier of 14 days after the day on which the election
2647 officer receives the signatures, or one day before the day on which the qualified political party
2648 holds the convention to select a nominee for the elective office to which the signature packets
2649 relate:
2650 (i) check the name of each individual who completes the verification for a signature
2651 packet to determine whether each individual is a resident of Utah and is at least 18 years old;
2652 (ii) submit the name of each individual described in Subsection (9)(c)(i) who is not a
2653 Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
2654 (iii) with the assistance of the county clerk as applicable, determine whether each
2655 signer is a registered voter who is qualified to sign the petition, using the same method,
2656 described in Section [
2657 (iv) certify whether each name is that of a registered voter who is qualified to sign the
2658 signature packet.
2659 (d) (i) A registered voter who physically signs a form under Subsections (8) and (9)(b)
2660 may have the voter's signature removed from the form by, no later than three business days
2661 after the day on which the member submits the signature form to the election officer,
2662 submitting to the election officer a statement requesting that the voter's signature be removed.
2663 (ii) A statement described in Subsection (9)(d)(i) shall comply with the requirements
2664 described in Subsection 20A-1-1003(2).
2665 (iii) With the assistance of the county clerk as applicable, the election officer shall use
2666 the procedures described in Subsection 20A-1-1003(3) to determine whether to remove an
2667 individual's signature after receiving a timely, valid statement requesting removal of the
2668 signature.
2669 (10) (a) This Subsection (10) applies only to the electronic candidate qualification
2670 process.
2671 (b) In order for a member of the qualified political party to qualify as a candidate for
2672 the qualified political party's nomination for an elective office under this section, the member
2673 shall, before 5 p.m. no later than 14 days before the day on which the qualified political party
2674 holds the party's convention to select candidates, for the elective office, for the qualified
2675 political party's nomination, collect signatures electronically:
2676 (i) in accordance with Section 20A-21-201; and
2677 (ii) using progressive screens, in a format approved by the lieutenant governor, that
2678 complies with Subsection 20A-9-405(4).
2679 (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the
2680 election officer shall, no later than the earlier of 14 days after the day on which the election
2681 officer receives the signatures, or one day before the day on which the qualified political party
2682 holds the convention to select a nominee for the elective office to which the signature packets
2683 relate:
2684 (i) check the name of each individual who completes the verification for a signature to
2685 determine whether each individual is a resident of Utah and is at least 18 years old; and
2686 (ii) submit the name of each individual described in Subsection (10)(c)(i) who is not a
2687 Utah resident or who is not at least 18 years old to the attorney general and the county attorney.
2688 (11) (a) An individual may not gather signatures under this section until after the
2689 individual files a notice of intent to gather signatures for candidacy described in this section.
2690 (b) An individual who files a notice of intent to gather signatures for candidacy,
2691 described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
2692 the notice of intent to gather signatures for candidacy:
2693 (i) required to comply with the reporting requirements that a candidate for office is
2694 required to comply with; and
2695 (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
2696 apply to a candidate for office in relation to the reporting requirements described in Subsection
2697 (11)(b)(i).
2698 (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), or
2699 Subsections (8) and (10)(b), the election officer shall, no later than one day before the day on
2700 which the qualified political party holds the convention to select a nominee for the elective
2701 office to which the signature packets relate, notify the qualified political party and the
2702 lieutenant governor of the name of each member of the qualified political party who qualifies
2703 as a nominee of the qualified political party, under this section, for the elective office to which
2704 the convention relates.
2705 (d) Upon receipt of a notice of intent to gather signatures for candidacy described in
2706 this section, the lieutenant governor shall post the notice of intent to gather signatures for
2707 candidacy on the lieutenant governor's website in the same location that the lieutenant governor
2708 posts a declaration of candidacy.
2709 Section 43. Section 20A-9-502 is amended to read:
2710 20A-9-502. Certificate of nomination -- Contents -- Circulation -- Verification --
2711 Criminal penalty -- Removal of petition signature.
2712 (1) The candidate shall:
2713 (a) prepare a certificate of nomination in substantially the following form:
2714 "State of Utah, County of ______________________________________________
2715 I, ______________, declare my intention of becoming an unaffiliated candidate for the
2716 political group designated as ____ for the office of ____. I do solemnly swear that I can
2717 qualify to hold that office both legally and constitutionally if selected, and that I reside at ____
2718 Street, in the city of ____, county of ____, state of ______, zip code ____, phone ____, and
2719 that I am providing, or have provided, the required number of holographic signatures of
2720 registered voters required by law; that as a candidate at the next election I will not knowingly
2721 violate any election or campaign law; that, if filing via a designated agent for an office other
2722 than president of the United States, I will be out of the state of Utah during the entire candidate
2723 filing period; I will file all campaign financial disclosure reports as required by law; and I
2724 understand that failure to do so will result in my disqualification as a candidate for this office
2725 and removal of my name from the ballot.
2726
__________________________________________
2727
Subscribed and sworn to before me this ______(month\day\year).
2728
__________________________________________
2729
Notary Public (or other officer
2730
qualified to administer oaths)";
2731 (b) bind signature sheets to the certificate that:
2732 (i) are printed on sheets of paper 8-1/2 inches long and 11 inches wide;
2733 (ii) are ruled with a horizontal line 3/4 inch from the top, with the space above that line
2734 blank for the purpose of binding;
2735 (iii) contain the name of the proposed candidate and the words "Unaffiliated Candidate
2736 Certificate of Nomination Petition" printed directly below the horizontal line;
2737 (iv) contain the word "Warning" printed directly under the words described in
2738 Subsection (1)(b)(iii);
2739 (v) contain, to the right of the word "Warning," the following statement printed in not
2740 less than eight-point, single leaded type:
2741 "It is a class A misdemeanor for anyone to knowingly sign a certificate of nomination
2742 signature sheet with any name other than the person's own name or more than once for the
2743 same candidate or if the person is not registered to vote in this state and does not intend to
2744 become registered to vote in this state before the county clerk certifies the signatures.";
2745 (vi) contain the following statement directly under the statement described in
2746 Subsection (1)(b)(v):
2747 "Each signer says:
2748 I have personally signed this petition with a holographic signature;
2749 I am registered to vote in Utah or intend to become registered to vote in Utah before the
2750 county clerk certifies my signature; and
2751 My street address is written correctly after my name.";
2752 (vii) contain horizontally ruled lines, 3/8 inch apart under the statement described in
2753 Subsection (1)(b)(vi); and
2754 (viii) be vertically divided into columns as follows:
2755 (A) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
2756 headed with "For Office Use Only," and be subdivided with a light vertical line down the
2757 middle;
2758 (B) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
2759 Name (must be legible to be counted)";
2760 (C) the next column shall be 2-1/2 inches wide, headed "Holographic Signature of
2761 Registered Voter";
2762 (D) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
2763 (E) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
2764 Code"; and
2765 (F) at the bottom of the sheet, contain the following statement: "Birth date or age
2766 information is not required, but it may be used to verify your identity with voter registration
2767 records. If you choose not to provide it, your signature may not be certified as a valid signature
2768 if you change your address before petition signatures are certified or if the information you
2769 provide does not match your voter registration records."; and
2770 (c) bind a final page to one or more signature sheets that are bound together that
2771 contains, except as provided by Subsection (3), the following printed statement:
2772 "Verification
2773 State of Utah, County of ____
2774 I, _______________, of ____, hereby state that:
2775 I am a Utah resident and am at least 18 years old;
2776 All the names that appear on the signature sheets bound to this page were signed by
2777 persons who professed to be the persons whose names appear on the signature sheets, and each
2778 of them signed the person's name on the signature sheets in my presence;
2779 I believe that each has printed and signed the person's name and written the person's
2780 street address correctly, and that each signer is registered to vote in Utah or will register to vote
2781 in Utah before the county clerk certifies the signatures on the signature sheet.
2782 ______________________________________________________________________
2783 (Signature) (Residence Address) (Date)".
2784 (2) An agent designated to file a certificate of nomination under Subsection
2785 20A-9-503(2)(b) may not sign the form described in Subsection (1)(a).
2786 (3) (a) The candidate shall circulate the nomination petition and ensure that the person
2787 in whose presence each signature sheet is signed:
2788 (i) is at least 18 years old;
2789 (ii) except as provided by Subsection (3)(b), meets the residency requirements of
2790 Section 20A-2-105; and
2791 (iii) verifies each signature sheet by completing the verification bound to one or more
2792 signature sheets that are bound together.
2793 (b) A person who is not a resident may sign the verification on a petition for an
2794 unaffiliated candidate for the office of president of the United States.
2795 (c) A person may not sign the verification if the person signed a signature sheet bound
2796 to the verification.
2797 (4) (a) It is unlawful for any person to:
2798 (i) knowingly sign a certificate of nomination signature sheet:
2799 (A) with any name other than the person's own name;
2800 (B) more than once for the same candidate; or
2801 (C) if the person is not registered to vote in this state and does not intend to become
2802 registered to vote in this state before the county clerk certifies the signatures; or
2803 (ii) sign the verification of a certificate of nomination signature sheet if the person:
2804 (A) except as provided by Subsection (3)(b), does not meet the residency requirements
2805 of Section 20A-2-105;
2806 (B) has not witnessed the signing by those persons whose names appear on the
2807 certificate of nomination signature sheet; or
2808 (C) knows that a person whose signature appears on the certificate of nomination
2809 signature sheet is not registered to vote in this state and does not intend to become registered to
2810 vote in this state.
2811 (b) Any person violating this Subsection (4) is guilty of a class A misdemeanor.
2812 (5) (a) The candidate shall submit the petition and signature sheets to the county clerk
2813 for certification when the petition has been completed by:
2814 (i) at least 1,000 registered voters residing within the state when the nomination is for
2815 an office to be filled by the voters of the entire state; or
2816 (ii) at least 300 registered voters residing within a political division or at least 5% of
2817 the registered voters residing within a political division, whichever is less, when the
2818 nomination is for an office to be filled by the voters of any political division smaller than the
2819 state.
2820 (b) In reviewing the petition, the county clerk shall count and certify only those persons
2821 who signed the petition with a holographic signature who:
2822 (i) are registered voters within the political division that the candidate seeks to
2823 represent; and
2824 (ii) did not sign any other certificate of nomination for that office.
2825 (c) The candidate may supplement or amend the certificate of nomination at any time
2826 on or before the filing deadline.
2827 (d) The county clerk shall use the procedures described in Section 20A-1-1002 to
2828 determine whether a signer is a registered voter who is qualified to sign the petition.
2829 (6) (a) A voter who signs a nomination petition under this section may have the voter's
2830 signature removed from the petition by, no later than three business days after the day on which
2831 the candidate submits the petition to the county clerk, submitting to the county clerk a
2832 statement requesting that the voter's signature be removed.
2833 (b) A statement described in Subsection (6)(a) shall comply with the requirements
2834 described in Subsection 20A-1-1003(2).
2835 (c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to
2836 determine whether to remove an individual's signature from a petition after receiving a timely,
2837 valid statement requesting removal of the signature.
2838 Section 44. Section 20A-11-802 is amended to read:
2839 20A-11-802. Political issues committees -- Financial reporting.
2840 (1) (a) Each registered political issues committee that has received political issues
2841 contributions totaling at least $750, or disbursed political issues expenditures totaling at least
2842 $750, during a calendar year, shall file a verified financial statement with the lieutenant
2843 governor's office:
2844 (i) on January 10, reporting contributions and expenditures as of December 31 of the
2845 previous year;
2846 (ii) seven days before the state political convention of each major political party;
2847 (iii) seven days before the regular primary election date;
2848 (iv) seven days before the date of an incorporation election, if the political issues
2849 committee has received or expended funds to affect an incorporation;
2850 (v) at least three days before the first public hearing held as required by Section
2851 20A-7-204.1;
2852 (vi) if the political issues committee has received or expended funds in relation to an
2853 initiative or referendum, five days before the deadline for the initiative or referendum sponsors
2854 to submit:
2855 (A) the verified and certified initiative packets under Section [
2856 or
2857 (B) the signed and verified referendum packets under Section [
2858 (vii) on September 30; and
2859 (viii) seven days before:
2860 (A) the municipal general election; and
2861 (B) the regular general election.
2862 (b) The political issues committee shall report:
2863 (i) a detailed listing of all contributions received and expenditures made since the last
2864 statement; and
2865 (ii) all contributions and expenditures as of five days before the required filing date of
2866 the financial statement, except for a financial statement filed on January 10.
2867 (c) The political issues committee need not file a statement under this section if it
2868 received no contributions and made no expenditures during the reporting period.
2869 (2) (a) That statement shall include:
2870 (i) the name and address, if known, of any individual who makes a political issues
2871 contribution to the reporting political issues committee, and the amount of the political issues
2872 contribution;
2873 (ii) the identification of any publicly identified class of individuals that makes a
2874 political issues contribution to the reporting political issues committee, and the amount of the
2875 political issues contribution;
2876 (iii) the name and address, if known, of any political issues committee, group, or entity
2877 that makes a political issues contribution to the reporting political issues committee, and the
2878 amount of the political issues contribution;
2879 (iv) the name and address of each reporting entity that makes a political issues
2880 contribution to the reporting political issues committee, and the amount of the political issues
2881 contribution;
2882 (v) for each nonmonetary contribution, the fair market value of the contribution;
2883 (vi) except as provided in Subsection (2)(c), the name and address of each individual,
2884 entity, or group of individuals or entities that received a political issues expenditure of more
2885 than $50 from the reporting political issues committee, and the amount of each political issues
2886 expenditure;
2887 (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
2888 (viii) the total amount of political issues contributions received and political issues
2889 expenditures disbursed by the reporting political issues committee;
2890 (ix) a statement by the political issues committee's treasurer or chief financial officer
2891 certifying that, to the best of the person's knowledge, the financial statement is accurate; and
2892 (x) a summary page in the form required by the lieutenant governor that identifies:
2893 (A) beginning balance;
2894 (B) total contributions during the period since the last statement;
2895 (C) total contributions to date;
2896 (D) total expenditures during the period since the last statement; and
2897 (E) total expenditures to date.
2898 (b) (i) Political issues contributions received by a political issues committee that have a
2899 value of $50 or less need not be reported individually, but shall be listed on the report as an
2900 aggregate total.
2901 (ii) Two or more political issues contributions from the same source that have an
2902 aggregate total of more than $50 may not be reported in the aggregate, but shall be reported
2903 separately.
2904 (c) When reporting political issue expenditures made to circulators of initiative
2905 petitions, the political issues committee:
2906 (i) need only report the amount paid to each initiative petition circulator; and
2907 (ii) need not report the name or address of the circulator.
2908 (3) (a) As used in this Subsection (3), "received" means:
2909 (i) for a cash contribution, that the cash is given to a political issues committee;
2910 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
2911 instrument or check is negotiated; and
2912 (iii) for any other type of contribution, that any portion of the contribution's benefit
2913 inures to the political issues committee.
2914 (b) A political issues committee shall report each contribution to the lieutenant
2915 governor within 31 days after the contribution is received.
2916 (4) A political issues committee may not expend a contribution for a political issues
2917 expenditure if the contribution:
2918 (a) is cash or a negotiable instrument;
2919 (b) exceeds $50; and
2920 (c) is from an unknown source.
2921 (5) Within 31 days after receiving a contribution that is cash or a negotiable
2922 instrument, exceeds $50, and is from an unknown source, a political issues committee shall
2923 disburse the amount of the contribution to:
2924 (a) the treasurer of the state or a political subdivision for deposit into the state's or
2925 political subdivision's general fund; or
2926 (b) an organization that is exempt from federal income taxation under Section
2927 501(c)(3), Internal Revenue Code.
2928 Section 45. Section 20A-15-103 is amended to read:
2929 20A-15-103. Delegates -- Candidacy -- Qualifications -- Nominating procedures --
2930 Removal of petition signature.
2931 (1) Candidates for the office of delegate to the ratification convention shall be citizens,
2932 residents of Utah, and at least 21 years old.
2933 (2) Persons wishing to be delegates to the ratification convention shall:
2934 (a) circulate a nominating petition meeting the requirements of this section; and
2935 (b) obtain the signature of at least 100 registered voters.
2936 (3) (a) A single nominating petition may nominate any number of candidates up to 21,
2937 the total number of delegates to be elected.
2938 (b) Nominating petitions may not contain anything identifying a candidate's party or
2939 political affiliation.
2940 (c) Each nominating petition shall contain a written statement signed by each nominee,
2941 indicating either that the candidate will:
2942 (i) vote for ratification of the proposed amendment; or
2943 (ii) vote against ratification of the proposed amendment.
2944 (d) A nominating petition containing the names of more than one nominee may not
2945 contain the name of any nominee whose stated position in the nominating petition is
2946 inconsistent with that of any other nominee listed in the petition.
2947 (4) (a) Candidates shall file their nominating petitions with the lieutenant governor
2948 before 5 p.m. no later than 40 days before the proclaimed date of the election.
2949 (b) Within 10 days after the last day for filing the petitions, the lieutenant governor
2950 shall:
2951 (i) use the procedures described in Section 20A-1-1002 to determine whether a signer
2952 is a registered voter;
2953 [
2954 nominees against ratification whose nominating petitions have been signed by the largest
2955 number of registered voters;
2956 [
2957 [
2958 county within the state.
2959 (5) (a) A voter who signs a nomination petition under this section may have the voter's
2960 signature removed from the petition by, no later than three business days after the last day for
2961 filing the petitions, submitting to the lieutenant governor a statement requesting that the voter's
2962 signature be removed.
2963 (b) A statement described in Subsection (5)(a) shall comply with the requirements
2964 described in Subsection 20A-1-1003(2).
2965 (c) The lieutenant governor shall use the procedures described in Subsection
2966 20A-1-1003(3) to determine whether to remove an individual's signature from a petition after
2967 receiving a timely, valid statement requesting removal of the signature.
2968 Section 46. Section 20A-21-201 is amended to read:
2969 20A-21-201. Electronic signature gathering for an initiative, a referendum, or
2970 candidate qualification.
2971 (1) (a) After filing a petition for a statewide initiative or a statewide referendum, and
2972 before gathering signatures, the sponsors shall, after consulting with the Office of the
2973 Lieutenant Governor, sign a form provided by the Office of the Lieutenant Governor indicating
2974 whether the sponsors will gather signatures manually or electronically.
2975 (b) If the sponsors indicate, under Subsection (1)(a), that the sponsors will gather
2976 signatures electronically:
2977 (i) in relation to a statewide initiative, signatures for that initiative:
2978 (A) may only be gathered and submitted electronically, in accordance with this section
2979 and Sections 20A-7-215, 20A-7-216, and 20A-7-217; and
2980 (B) may not be gathered or submitted using the manual signature-gathering process
2981 described in Sections 20A-7-105 and 20A-7-204[
2982 (ii) in relation to a statewide referendum, signatures for that referendum:
2983 (A) may only be gathered and submitted electronically, in accordance with this section
2984 and Sections 20A-7-313, 20A-7-314, and 20A-7-315; and
2985 (B) may not be gathered or submitted using the manual signature-gathering process
2986 described in Sections 20A-7-105 and 20A-7-304[
2987 (c) If the sponsors indicate, under Subsection (1)(a), that the sponsors will gather
2988 signatures manually:
2989 (i) in relation to a statewide initiative, signatures for that initiative:
2990 (A) may only be gathered and submitted using the manual signature-gathering process
2991 described in Sections 20A-7-105 and 20A-7-204[
2992 (B) may not be gathered or submitted electronically, as described in this section and
2993 Sections 20A-7-215, 20A-7-216, and 20A-7-217; and
2994 (ii) in relation to a statewide referendum, signatures for that referendum:
2995 (A) may only be gathered and submitted using the manual signature-gathering process
2996 described in Sections 20A-7-105 and 20A-7-304[
2997 (B) may not be gathered or submitted electronically, as described in this section and
2998 Sections 20A-7-313, 20A-7-314, and 20A-7-315.
2999 (2) (a) After filing a petition for a local initiative or a local referendum, and before
3000 gathering signatures, the sponsors shall, after consulting with the local clerk's office, sign a
3001 form provided by the local clerk's office indicating whether the sponsors will gather signatures
3002 manually or electronically.
3003 (b) If the sponsors indicate, under Subsection (2)(a), that the sponsors will gather
3004 signatures electronically:
3005 (i) in relation to a local initiative, signatures for that initiative:
3006 (A) may only be gathered and submitted electronically, in accordance with this section
3007 and Sections 20A-7-514, 20A-7-515, and 20A-7-516; and
3008 (B) may not be gathered or submitted using the manual signature-gathering process
3009 described in Sections 20A-7-105 and 20A-7-504[
3010 (ii) in relation to a local referendum, signatures for that referendum:
3011 (A) may only be gathered and submitted electronically, in accordance with this section
3012 and Sections 20A-7-614, 20A-7-615, and 20A-7-616; and
3013 (B) may not be gathered or submitted using the manual signature-gathering process
3014 described in Sections 20A-7-105 and 20A-7-604[
3015 (c) If the sponsors indicate, under Subsection (2)(a), that the sponsors will gather
3016 signatures manually:
3017 (i) in relation to a local initiative, signatures for that initiative:
3018 (A) may only be gathered and submitted using the manual signature-gathering process
3019 described in Sections 20A-7-105 and 20A-7-504[
3020 (B) may not be gathered or submitted electronically, as described in this section and
3021 Sections 20A-7-514, 20A-7-515, and 20A-7-516; and
3022 (ii) in relation to a local referendum, signatures for that referendum:
3023 (A) may only be gathered and submitted using the manual signature-gathering process
3024 described in Sections 20A-7-105 and 20A-7-604[
3025 (B) may not be gathered or submitted electronically, as described in this section and
3026 Sections 20A-7-614, 20A-7-615, and 20A-7-616.
3027 (3) (a) After a candidate files a notice of intent to gather signatures to qualify for a
3028 ballot, and before gathering signatures, the candidate shall, after consulting with the election
3029 officer, sign a form provided by the election officer indicating whether the candidate will
3030 gather signatures manually or electronically.
3031 (b) If a candidate indicates, under Subsection (3)(a), that the candidate will gather
3032 signatures electronically, signatures for the candidate:
3033 (i) may only be gathered and submitted using the electronic candidate qualification
3034 process; and
3035 (ii) may not be gathered or submitted using the manual candidate qualification process.
3036 (c) If a candidate indicates, under Subsection (3)(a), that the candidate will gather
3037 signatures manually, signatures for the candidate:
3038 (i) may only be gathered and submitted using the manual candidate qualification
3039 process; and
3040 (ii) may not be gathered or submitted using the electronic candidate qualification
3041 process.
3042 (4) To gather a signature electronically, a signature-gatherer shall:
3043 (a) use a device provided by the signature-gatherer or a sponsor of the petition that:
3044 (i) is approved by the lieutenant governor;
3045 (ii) except as provided in Subsection (4)(a)(iii), does not store a signature or any other
3046 information relating to an individual signing the petition in any location other than the location
3047 used by the website to store the information;
3048 (iii) does not, on the device, store a signature or any other information relating to an
3049 individual signing the petition except for the minimum time necessary to upload information to
3050 the website;
3051 (iv) does not contain any applications, software, or data other than those approved by
3052 the lieutenant governor; and
3053 (v) complies with cyber-security and other security protocols required by the lieutenant
3054 governor;
3055 (b) use the approved device to securely access a website designated by the lieutenant
3056 governor, directly, or via an application designated by the lieutenant governor; and
3057 (c) while connected to the website, present the approved device to an individual
3058 considering signing the petition and, while the signature-gatherer is in the physical presence of
3059 the individual:
3060 (i) wait for the individual to reach each screen presented to the individual on the
3061 approved device; and
3062 (ii) wait for the individual to advance to each subsequent screen by clicking on the
3063 acknowledgement at the bottom of the screen.
3064 (5) Each screen shown on an approved device as part of the signature-gathering process
3065 shall appear as a continuous electronic document that, if the entire document does not appear
3066 on the screen at once, requires the individual viewing the screen to, before advancing to the
3067 next screen, scroll through the document until the individual reaches the end of the document.
3068 (6) After advancing through each screen required for the petition, the signature process
3069 shall proceed as follows:
3070 (a) except as provided in Subsection (6)(b):
3071 (i) the individual desiring to sign the petition shall present the individual's driver
3072 license or state identification card to the signature-gatherer;
3073 (ii) the signature-gatherer shall verify that the individual pictured on the driver license
3074 or state identification card is the individual signing the petition;
3075 (iii) the signature-gatherer shall scan or enter the driver license number or state
3076 identification card number through the approved device; and
3077 (iv) immediately after the signature-gatherer complies with Subsection (6)(a)(iii), the
3078 website shall determine whether the individual desiring to sign the petition is eligible to sign
3079 the petition;
3080 (b) if the individual desiring to sign the petition is unable to provide a driver license or
3081 state identification card to the signature gatherer:
3082 (i) the individual may present other valid voter identification;
3083 (ii) if the valid voter identification contains a picture of the individual, the
3084 signature-gatherer shall verify that the individual pictured is the individual signing the petition;
3085 (iii) if the valid voter identification does not contain a picture of the individual, the
3086 signature-gatherer shall, to the extent reasonably practicable, use the individual's address or
3087 other available means to determine whether the identification relates to the individual
3088 presenting the identification;
3089 (iv) the signature-gatherer shall scan an image of the valid voter identification and
3090 immediately upload the image to the website; and
3091 (v) the individual:
3092 (A) shall enter the individual's address; and
3093 (B) may, at the discretion of the individual, enter the individual's date of birth or age
3094 after the individual clicks on the screen acknowledging that they have read and understand the
3095 following statement, "Birth date or age information is not required, but may be used to verify
3096 your identity with voter registration records. If you choose not to provide it, your signature may
3097 not be verified as a valid signature if you change your address before your signature is verified
3098 or if the information you provide does not match your voter registration records."; and
3099 (c) after completing the process described in Subsection (6)(a) or (b), the screen shall:
3100 (i) except for a petition to qualify a candidate for the ballot, give the individual signing
3101 the petition the opportunity to enter the individual's email address after the individual reads the
3102 following statement, "If you provide your email address, you may receive an email with
3103 additional information relating to the petition you are signing."; and
3104 (ii) (A) if the website determines, under Subsection (6)(a)(iv), that the individual is
3105 eligible to sign the petition, permit the individual to enter the individual's name as the
3106 individual's electronic signature and, immediately after the signature-gather timely complies
3107 with Subsection (10), certify the signature; or
3108 (B) if the individual provides valid voter identification under Subsection (6)(b), permit
3109 the individual to enter the individual's name as the individual's electronic signature.
3110 (7) If an individual provides valid voter identification under Subsection (6)(b), the
3111 county clerk shall, within seven days after the day on which the individual submits the valid
3112 voter identification, certify the signature if:
3113 (a) the individual is eligible to sign the petition;
3114 (b) the identification provided matches the information on file; and
3115 (c) the signature-gatherer timely complies with Subsection (10).
3116 (8) For each signature submitted under this section, the website shall record:
3117 (a) the information identifying the individual who signs;
3118 (b) the date the signature was collected; and
3119 (c) the name of the signature-gatherer.
3120 (9) An individual who is a signature-gatherer may not sign a petition unless another
3121 individual acts as the signature-gatherer when the individual signs the petition.
3122 (10) Except for a petition for a candidate to seek the nomination of a registered
3123 political party, each individual who gathers a signature under this section shall, within one
3124 business day after the day on which the individual gathers a signature, electronically sign and
3125 submit the following statement to the website:
3126 "VERIFICATION OF SIGNATURE-GATHERER
3127 State of Utah, County of ____
3128 I, _____________________, of ______, hereby state, under penalty of perjury, that:
3129 I am a resident of Utah and am at least 18 years old;
3130 All the signatures that I collected on [Date signatures were gathered] were signed by
3131 individuals who professed to be the individuals whose signatures I gathered, and each of the
3132 individuals signed the petition in my presence;
3133 I did not knowingly make a misrepresentation of fact concerning the law or proposed
3134 law to which the petition relates;
3135 I believe that each individual has signed the individual's name and written the
3136 individual's residence correctly, that each signer has read and understands the law to which the
3137 petition relates, and that each signer is registered to vote in Utah;
3138 Each signature correctly reflects the date on which the individual signed the petition;
3139 and
3140 I have not paid or given anything of value to any individual who signed this petition to
3141 encourage that individual to sign it."
3142 (11) Except for a petition for a candidate to seek the nomination of a registered
3143 political party:
3144 (a) the county clerk may not certify a signature that is not timely verified in accordance
3145 with Subsection (10); and
3146 (b) if a signature certified by a county clerk under Subsection (6)(c)(ii)(A) is not timely
3147 verified in accordance with Subsection (10), the county clerk shall:
3148 (i) revoke the certification;
3149 (ii) remove the signature from the posting described in Subsection 20A-7-217(4),
3150 20A-7-315(3), 20A-7-516(4), or 20A-7-616(3); and
3151 (iii) update the totals described in Subsections 20A-7-217(5)(a)(ii),
3152 20A-7-315(5)(a)(ii), 20A-7-516(5)(a)(ii), and 20A-7-616(5)(a)(ii).
3153 (12) For a petition for a candidate to seek the nomination of a registered political party,
3154 each individual who gathers a signature under this section shall, within one business day after
3155 the day on which the individual gathers a signature, electronically sign and submit the
3156 following statement to the lieutenant governor in the manner specified by the lieutenant
3157 governor:
3158 "VERIFICATION OF SIGNATURE-GATHERER
3159 State of Utah, County of ____
3160 I, _____________________, of ______, hereby state that:
3161 I am a resident of Utah and am at least 18 years old;
3162 All the signatures that I collected on [Date signatures were gathered] were signed by
3163 individuals who professed to be the individuals whose signatures I gathered, and each of the
3164 individuals signed the petition in my presence;
3165 I believe that each individual has signed the individual's name and written the
3166 individual's residence correctly and that each signer is registered to vote in Utah; and
3167 Each signature correctly reflects the date on which the individual signed the petition."
3168 (13) For a petition for a candidate to seek the nomination of a registered political party,
3169 the election officer may not certify a signature that is not timely verified in accordance with
3170 Subsection (12).
3171 Section 47. Section 53G-3-301 is amended to read:
3172 53G-3-301. Creation of new school district -- Initiation of process -- Procedures to
3173 be followed.
3174 (1) A new school district may be created from one or more existing school districts, as
3175 provided in this section.
3176 (2) The process to create a new school district may be initiated:
3177 (a) through a citizens' initiative petition;
3178 (b) at the request of the local school board of the existing district or districts to be
3179 affected by the creation of the new district; or
3180 (c) at the request of a city within the boundaries of the school district or at the request
3181 of interlocal agreement participants, pursuant to Section 53G-3-302.
3182 (3) (a) An initiative petition submitted under Subsection (2)(a) shall be signed by
3183 [
3184 proposed new school district in an amount equal to at least 15% of all votes cast within the
3185 geographic boundaries of the proposed new school district for all candidates for president of
3186 the United States at the last regular general election at which a president of the United States
3187 was elected.
3188 (b) Each request or petition submitted under Subsection (2) shall:
3189 (i) be filed with the clerk of each county in which any part of the proposed new school
3190 district is located;
3191 (ii) indicate the typed or printed name and current residence address of each governing
3192 board member making a request, or registered voter signing a petition, as the case may be;
3193 (iii) describe the proposed new school district boundaries; and
3194 (iv) designate up to five signers of the petition or request as sponsors, one of whom
3195 shall be designated as the contact sponsor, with the mailing address and telephone number of
3196 each.
3197 (c) The process described in Subsection (2)(a) may only be initiated once during any
3198 four-year period.
3199 (d) A new district may not be formed under Subsection (2) if the student population of
3200 the proposed new district is less than 3,000 or the existing district's student population would
3201 be less than 3,000 because of the creation of the new school district.
3202 (4) (a) (i) A signer of a petition described in Subsection (2)(a) may withdraw or, once
3203 withdrawn, reinstate the signer's signature at any time before the filing of the petition by filing
3204 a written [
3205 no later than three business days after the day on which the petition is filed with the county
3206 clerk.
3207 (ii) A statement described in Subsection (4)(a)(i) shall comply with the requirements
3208 described in Subsection 20A-1-1003(2).
3209 (iii) The county clerk shall use the procedures described in Subsection 20A-1-1003(3)
3210 to determine whether to remove or reinstate an individual's signature from a petition after
3211 receiving a timely, valid statement.
3212 (b) For a petition described in Subsection (2)(a), the county clerk shall use the
3213 procedures described in Section 20A-1-1002 to determine whether the petition has been signed
3214 by the required number of registered voters residing within the geographical boundaries of the
3215 proposed new school district.
3216 (5) Within 45 days after the day on which a petition described in Subsection (2)(a) is
3217 filed, or five business days after the day on which a request described in Subsection (2)(b) or
3218 (c) is filed, the clerk of each county with which the request or petition is filed shall:
3219 (a) determine whether the request or petition complies with Subsections (2) and (3), as
3220 applicable; and
3221 (b) (i) if the county clerk determines that the request or petition complies with the
3222 applicable requirements:
3223 (A) certify the request or petition and deliver the certified request or petition to the
3224 county legislative body; and
3225 (B) mail or deliver written notification of the certification to the contact sponsor; or
3226 (ii) if the county clerk determines that the request or petition fails to comply with any
3227 of the applicable requirements, reject the request or petition and notify the contact sponsor in
3228 writing of the rejection and reasons for the rejection.
3229 (6) (a) If the county clerk fails to certify or reject a request or petition within the time
3230 specified in Subsection (5), the request or petition is considered to be certified.
3231 (b) (i) If the county clerk rejects a request or petition, the person that submitted the
3232 request or petition may amend the request or petition to correct the deficiencies for which the
3233 request or petition was rejected, and refile the request or petition.
3234 (ii) Subsection (3)(c) does not apply to a request or petition that is amended and refiled
3235 after having been rejected by a county clerk.
3236 (c) If, on or before December 1, a county legislative body receives a request from a
3237 local school board under Subsection (2)(b) or a petition under Subsection (2)(a) that is certified
3238 by the county clerk:
3239 (i) the county legislative body shall appoint an ad hoc advisory committee, as provided
3240 in Subsection (7), on or before January 1;
3241 (ii) the ad hoc advisory committee shall submit its report and recommendations to the
3242 county legislative body, as provided in Subsection (7), on or before July 1; and
3243 (iii) if the legislative body of each county with which a request or petition is filed
3244 approves a proposal to create a new district, each legislative body shall submit the proposal to
3245 the respective county clerk to be voted on by the electors of each existing district at the regular
3246 general or municipal general election held in November.
3247 (7) (a) The legislative body of each county with which a request or petition is filed
3248 shall appoint an ad hoc advisory committee to review and make recommendations on a request
3249 for the creation of a new school district submitted under Subsection (2)(a) or (b).
3250 (b) The advisory committee shall:
3251 (i) seek input from:
3252 (A) those requesting the creation of the new school district;
3253 (B) the local school board and school personnel of each existing school district;
3254 (C) those citizens residing within the geographical boundaries of each existing school
3255 district;
3256 (D) the state board; and
3257 (E) other interested parties;
3258 (ii) review data and gather information on at least:
3259 (A) the financial viability of the proposed new school district;
3260 (B) the proposal's financial impact on each existing school district;
3261 (C) the exact placement of school district boundaries; and
3262 (D) the positive and negative effects of creating a new school district and whether the
3263 positive effects outweigh the negative if a new school district were to be created; and
3264 (iii) make a report to the county legislative body in a public meeting on the committee's
3265 activities, together with a recommendation on whether to create a new school district.
3266 (8) For a request or petition submitted under Subsection (2)(a) or (b):
3267 (a) The county legislative body shall provide for a 45-day public comment period on
3268 the report and recommendation to begin on the day the report is given under Subsection
3269 (7)(b)(iii).
3270 (b) Within 14 days after the end of the comment period, the legislative body of each
3271 county with which a request or petition is filed shall vote on the creation of the proposed new
3272 school district.
3273 (c) The proposal is approved if a majority of the members of the legislative body of
3274 each county with which a request or petition is filed votes in favor of the proposal.
3275 (d) If the proposal is approved, the legislative body of each county with which a
3276 request or petition is filed shall submit the proposal to the county clerk to be voted on:
3277 (i) by the legal voters of each existing school district affected by the proposal;
3278 (ii) in accordance with the procedures and requirements applicable to a regular general
3279 election under Title 20A, Election Code; and
3280 (iii) at the next regular general election or municipal general election, whichever is
3281 first.
3282 (e) Creation of the new school district shall occur if a majority of the electors within
3283 both the proposed school district and each remaining school district voting on the proposal vote
3284 in favor of the creation of the new district.
3285 (f) Each county legislative body shall comply with the requirements of Section
3286 53G-3-203.
3287 (g) If a proposal submitted under Subsection (2)(a) or (b) to create a new district is
3288 approved by the electors, the existing district's documented costs to study and implement the
3289 proposal shall be reimbursed by the new district.
3290 (9) (a) If a proposal submitted under Subsection (2)(c) is certified under Subsection (5)
3291 or (6)(a), the legislative body of each county in which part of the proposed new school district
3292 is located shall submit the proposal to the respective clerk of each county to be voted on:
3293 (i) by the legal voters residing within the proposed new school district boundaries;
3294 (ii) in accordance with the procedures and requirements applicable to a regular general
3295 election under Title 20A, Election Code; and
3296 (iii) at the next regular general election or municipal general election, whichever is
3297 first.
3298 (b) (i) If a majority of the legal voters within the proposed new school district
3299 boundaries voting on the proposal at an election under Subsection (9)(a) vote in favor of the
3300 creation of the new district:
3301 (A) each county legislative body shall comply with the requirements of Section
3302 53G-3-203; and
3303 (B) upon the lieutenant governor's issuance of the certificate under Section 67-1a-6.5,
3304 the new district is created.
3305 (ii) Notwithstanding the creation of a new district as provided in Subsection
3306 (9)(b)(i)(B):
3307 (A) a new school district may not begin to provide educational services to the area
3308 within the new district until July 1 of the second calendar year following the local school board
3309 general election date described in Subsection 53G-3-302(3)(a)(i);
3310 (B) a remaining district may not begin to provide educational services to the area
3311 within the remaining district until the time specified in Subsection (9)(b)(ii)(A); and
3312 (C) each existing district shall continue, until the time specified in Subsection
3313 (9)(b)(ii)(A), to provide educational services within the entire area covered by the existing
3314 district.
3315 Section 48. Section 53G-3-401 is amended to read:
3316 53G-3-401. Consolidation of school districts -- Resolution by local school board
3317 members -- Petition by electors -- Certification of petition signatures -- Removal of
3318 signature -- Election.
3319 (1) Two or more school districts may unite and form a single school district in one of
3320 the following ways:
3321 (a) a majority of the members of each of the local school boards of the affected districts
3322 shall approve and present to the county legislative body of the affected counties a resolution to
3323 consolidate the districts. Once this is done, consolidation shall be established under this
3324 chapter; or
3325 (b) a majority of the members of the local school board of each affected district, or
3326 15% of the [
3327 present a petition to the county legislative body of each affected county. The question shall be
3328 voted upon at an election called for that purpose, which shall be the next general or municipal
3329 election. Consolidation shall occur if a majority of those voting on the question in each district
3330 favor consolidation.
3331 (2) If a registered voter petition is presented to the county legislative body under
3332 Subsection (1)(b):
3333 (a) within three business days after the day on which the county legislative body
3334 receives the petition, the county legislative body shall provide the petition to the county clerk;
3335 and
3336 (b) within 14 days after the day on which a county clerk receives a petition from the
3337 county legislative body, the county clerk shall:
3338 (i) use the procedures described in Section 20A-1-1002 to determine whether the
3339 petition satisfies the requirements of Subsection (1)(b) for a registered voter petition;
3340 (ii) certify on the petition whether each name is that of a registered voter in one of the
3341 affected districts; and
3342 (iii) deliver the certified petition to the county legislative body.
3343 (3) (a) A voter who signs a registered voter petition under Subsection (1)(b) may have
3344 the voter's signature removed from the petition by, no later than three business days after the
3345 day on which the county legislative body provides the petition to the county clerk, submitting
3346 to the county clerk a statement requesting that the voter's signature be removed.
3347 (b) A statement described in Subsection (3)(a) shall comply with the requirements
3348 described in Subsection 20A-1-1003(2).
3349 (c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to
3350 determine whether to remove an individual's signature from a petition after receiving a timely,
3351 valid statement requesting removal of the signature.
3352 [
3353 returns canvassed as provided by election laws.
3354 Section 49. Section 53G-3-501 is amended to read:
3355 53G-3-501. Transfer of a portion of a school district -- State board resolution --
3356 Local school board petition -- Elector petition -- Certification of petition signatures --
3357 Removal of signature -- Transfer election.
3358 (1) Part of a school district may be transferred to another district in one of the
3359 following ways:
3360 (a) presentation to the county legislative body of each of the affected counties of a
3361 resolution requesting the transfer, approved by at least four-fifths of the members of the local
3362 school board of each affected school district;
3363 (b) presentation to the county legislative body of each affected county of a petition
3364 requesting that the [
3365 of the local school board of each affected school district; or
3366 (c) presentation to the county legislative body of each affected county of a petition
3367 requesting that the [
3368
3369 (2) (a) If an annexation of property by a city would result in its residents being served
3370 by more than one school district, then the presidents of the affected local school boards shall
3371 meet within 60 days prior to the effective date of the annexation to determine whether it would
3372 be advisable to adjust school district boundaries to permit all residents of the expanded city to
3373 be served by a single school district.
3374 (b) Upon conclusion of the meeting, the local school board presidents shall prepare a
3375 recommendation for presentation to their respective local school boards as soon as reasonably
3376 possible.
3377 (c) The local school boards may then initiate realignment proceedings under
3378 Subsection (1)(a) or (b).
3379 (d) If a local school board rejects realignment under Subsection (1)(a) or (b), the other
3380 local school board may initiate the following procedures by majority vote within 60 days of the
3381 vote rejecting realignment:
3382 (i) (A) within 30 days after a vote to initiate these procedures, each local school board
3383 shall appoint one member to a boundary review committee; or
3384 (B) if the local school board becomes deadlocked in selecting the appointee under
3385 Subsection (2)(d)(i)(A), the local school board's chair shall make the appointment or serve as
3386 the appointee to the review committee.
3387 (ii) The two local school board-appointed members of the committee shall meet and
3388 appoint a third member of the committee.
3389 (iii) If the two local school board-appointed members are unable to agree on the
3390 appointment of a third member within 30 days after both are appointed, the state superintendent
3391 shall appoint the third member.
3392 (iv) The committee shall meet as necessary to prepare recommendations concerning
3393 resolution of the realignment issue, and shall submit the recommendations to the affected local
3394 school boards within six months after the appointment of the third member of the committee.
3395 (v) If a majority of the members of each local school board accepts the
3396 recommendation of the committee, or accepts the recommendation after amendment by the
3397 local school boards, then the accepted recommendation shall be implemented.
3398 (vi) If the committee fails to submit its recommendation within the time allotted, or if
3399 one local school board rejects the recommendation, the affected local school boards may agree
3400 to extend the time for the committee to prepare an acceptable recommendation or either local
3401 school board may request the state board to resolve the question.
3402 (vii) If the committee has submitted a recommendation which the state board finds to
3403 be reasonably supported by the evidence, the state board shall adopt the committee's
3404 recommendation.
3405 (viii) The decision of the state board is final.
3406 (3) If a registered voter petition is presented to the county legislative body under
3407 Subsection (1)(c):
3408 (a) within three business days after the day on which the county legislative body
3409 receives the petition, the county legislative body shall provide the petition to the county clerk;
3410 and
3411 (b) within 14 days after the day on which a county clerk receives a petition from the
3412 county legislative body, the county clerk shall:
3413 (i) use the procedures described in Section 20A-1-1002 to determine whether the
3414 petition satisfies the requirements of Subsection (1)(c) for a registered voter petition;
3415 (ii) certify on the petition whether each name is that of a registered voter in one of the
3416 affected districts; and
3417 (iii) deliver the certified petition to the county legislative body.
3418 (4) (a) A voter who signs a registered voter petition under Subsection (1)(c) may have
3419 the voter's signature removed from the petition by, no later than three business days after the
3420 day on which the county legislative body provides the petition to the county clerk, submitting
3421 to the county clerk a statement requesting that the voter's signature be removed.
3422 (b) A statement described in Subsection (4)(a) shall comply with the requirements
3423 described in Subsection 20A-1-1003(2).
3424 (c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to
3425 determine whether to remove an individual's signature from a petition after receiving a timely,
3426 valid statement requesting removal of the signature.
3427 [
3428 requested under Subsection (1)(b) or (c) at an election called for that purpose, which may be
3429 the next general election.
3430 (b) The election shall be conducted and the returns canvassed as provided by election
3431 law.
3432 (c) A transfer is effected only if a majority of votes cast by the [
3433 the proposed transferor district and in the proposed transferee district are in favor of the
3434 transfer.
3435 Section 50. Section 73-10d-4 is amended to read:
3436 73-10d-4. Notice of intention to enter privatization project -- Petition for election
3437 -- Certification of petition signatures -- Removal of signature -- Election procedures --
3438 Powers of political subdivision -- Public bidding laws not to apply.
3439 (1) The governing authority of any political subdivision considering entering into a
3440 privatization project agreement shall issue a notice of intention setting forth a brief summary of
3441 the agreement provisions and the time within which and place at which petitions may be filed
3442 requesting the calling of an election in the political subdivision to determine whether the
3443 agreement should be approved. The notice of intention shall specify the form of the petitions.
3444 If, within 30 days after the publication of the notice of intention, petitions are filed with the
3445 clerk, recorder, or similar officer of the political subdivision, signed by at least 5% of the
3446 [
3447 clerks of the respective counties within which the political subdivision is located pursuant to
3448 Subsections (7) and (8)) requesting an election be held to authorize the agreement, then the
3449 governing authority shall proceed to call and hold an election. If an adequate petition is not
3450 filed within 30 days, the governing authority may adopt a resolution so finding and may
3451 proceed to enter into the agreement.
3452 (2) If, under Subsection (1), the governing authority of a political subdivision is
3453 required to call an election to authorize an agreement, the governing authority shall adopt a
3454 resolution directing that an election be held in the political subdivision for the purpose of
3455 determining whether the political subdivision may enter into the agreement. The resolution
3456 calling the election shall be adopted, notice of the election shall be given, voting precincts shall
3457 be established, the election shall be held, voters' qualifications shall be determined, and the
3458 results shall be canvassed in the manner and subject to the conditions provided for in Title 11,
3459 Chapter 14, Local Government Bonding Act.
3460 (3) A political subdivision may, upon approval of an agreement as provided by
3461 Subsections (1) and (2) and subject to the powers and rules of the supervising agency:
3462 (a) supervise and regulate the construction, maintenance, ownership, and operation of
3463 all privatization projects within its jurisdiction or in which it has a contractual interest;
3464 (b) contract, by entry into agreements with private owner/operators for the provision
3465 within its jurisdiction of the services of privatization projects;
3466 (c) levy and collect taxes, as otherwise provided by law, and impose and collect
3467 assessments, fees, or charges for services provided by privatization projects, as appropriate,
3468 and, subject to any limitation imposed by the constitution, pledge, assign, or otherwise convey
3469 as security for the payment of its obligations under any agreements any revenues and receipts
3470 derived from any assessments, fees, or charges for services provided by privatization projects;
3471 (d) require the private owner/operator to obtain any and all licenses as appropriate
3472 under federal, state, and local law and impose other requirements which are necessary or
3473 desirable to discharge the responsibility of the political subdivision to supervise and regulate
3474 the construction, maintenance, ownership, and operation of any privatization project;
3475 (e) control the right to contract, maintain, own, and operate any privatization project
3476 and the services provided in connection with that project within its jurisdiction;
3477 (f) purchase, lease, or otherwise acquire all or any part of a privatization project;
3478 (g) with respect to the services of any privatization project, control the right to
3479 establish or regulate the rates paid by the users of the services within the jurisdiction of the
3480 political subdivision;
3481 (h) agree that the sole and exclusive right to provide the services within its jurisdiction
3482 related to privatization projects be assumed by any private owner/operator;
3483 (i) contract for the lease or purchase of land, facilities, equipment, and vehicles for the
3484 operation of privatization projects;
3485 (j) lease, sell, or otherwise convey, as permitted by state and local law, but without any
3486 requirement of competitive public bidding, land, facilities, equipment, and vehicles, previously
3487 used in connection with privatization projects, to private owner/operators; and
3488 (k) establish policies for the operation of any privatization project within its
3489 jurisdiction or with respect to which it has a contractual interest, including hours of operation,
3490 the character and kinds of services, and other rules necessary for the safety of operating
3491 personnel.
3492 (4) Any political subdivision may enter into agreements with respect to privatization
3493 projects. Agreements may contain provisions relating to, without limitation, any matter
3494 provided for in this section or consistent with the purposes of this chapter.
3495 (5) Any agreement entered into between a political subdivision and a private
3496 owner/operator for the provision of the services of a privatization project is considered an
3497 exercise of that political subdivision's business or proprietary power binding upon its
3498 succeeding governing authorities. Any agreement made by a political subdivision with a
3499 private owner/operator for payment for services provided or to be provided may not be
3500 construed to be an indebtedness or a lending of credit of the political subdivision within the
3501 meaning of any constitutional or statutory restriction.
3502 (6) The provisions of the various laws of the state and the rules or ordinances of a
3503 political subdivision which would otherwise require public bidding in respect to any matter
3504 provided for in this chapter shall have no application to that matter.
3505 (7) If a petition is presented to the clerk of a political subdivision under Subsection (1):
3506 (a) as applicable, within three business days after the day on which the clerk receives
3507 the petition, the clerk shall provide the petition to the county clerk for the county in which the
3508 political subdivision is located; and
3509 (b) within 14 days after the day on which a county clerk receives a petition under this
3510 section, the county clerk shall:
3511 (i) use the procedures described in Section 20A-1-1002 to determine whether the
3512 petition satisfies the requirements of Subsection (1) for a registered voter petition;
3513 (ii) certify on the petition whether each name is that of a registered voter in the affected
3514 political subdivision; and
3515 (iii) as applicable, deliver the certified petition to the governing authority of the
3516 affected political subdivision.
3517 (8) (a) A voter who signs a petition under Subsection (1) may have the voter's signature
3518 removed from the petition by, no later than three business days after the day on which the
3519 petition is provided to the county clerk, submitting to the county clerk a statement requesting
3520 that the voter's signature be removed.
3521 (b) A statement described in Subsection (8)(a) shall comply with the requirements
3522 described in Subsection 20A-1-1003(2).
3523 (c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to
3524 determine whether to remove an individual's signature from a petition after receiving a timely,
3525 valid statement requesting removal of the signature.
3526 Section 51. Repealer.
3527 This bill repeals:
3528 Section 20A-7-205, Manual initiative process -- Obtaining signatures --
3529 Verification -- Removal of signature.
3530 Section 20A-7-206, Manual initiative process -- Submitting the initiative petition --
3531 Certification of signatures by the county clerks -- Transfer to lieutenant governor.
3532 Section 20A-7-206.3, Verification of petition signatures.
3533 Section 20A-7-305, Manual referendum process -- Obtaining signatures --
3534 Verification -- Removal of signature.
3535 Section 20A-7-306, Manual referendum process -- Submitting the referendum
3536 petition -- Certification of signatures by the county clerks -- Transfer to lieutenant
3537 governor.
3538 Section 20A-7-306.3, Verification of petition signatures.
3539 Section 20A-7-505, Manual initiative process -- Obtaining signatures --
3540 Verification -- Removal of signature.
3541 Section 20A-7-506, Manual initiative process -- Submitting the initiative petition --
3542 Certification of signatures by the county clerks -- Transfer to local clerk.
3543 Section 20A-7-506.3, Verification of petition signatures.
3544 Section 20A-7-605, Manual referendum process -- Obtaining signatures --
3545 Verification -- Removal of signature.
3546 Section 20A-7-606, Manual referendum process -- Submitting the referendum
3547 petition -- Certification of signatures by the county clerks -- Transfer to local clerk.
3548 Section 20A-7-606.3, Verification of petition signatures.
3549 Section 52. Coordinating H.B. 68 with S.B. 37 -- Substantive and technical
3550 amendments.
3551 If this H.B. 68 and S.B. 37, Municipality Incorporation Amendments, both pass and
3552 become law, it is the intent of the Legislature that the Office of Legislative Research and
3553 General Counsel shall prepare the Utah Code database for publication as follows:
3554 (1) by amending Subsection 10-2a-208(4)(a) in H.B. 68 to read:
3555 "(4)(a) A voter who signs a petition for incorporation may have the voter's signature
3556 removed from the petition by, no later than three business days after the day on which the
3557 petition for incorporation is submitted to the county clerk, submitting to the county clerk a
3558 statement requesting that the voter's signature be removed."; and
3559 (2) by amending Subsection 10-2a-208(4)(d) in H.B. 68 to read:
3560 "(d) The county clerk shall use the procedures described in Subsection 20A-1-1003(3)
3561 to determine whether to remove an individual's signature from a petition for incorporation after
3562 receiving a timely, valid statement requesting removal of the signature.".
3563 Section 53. Coordinating H.B. 68 with H.B. 38 and H.B. 448 -- Substantive and
3564 technical amendments.
3565 (1) If this H.B. 68 and H.B. 38, Initiative and Referendum Modifications, both pass and
3566 become law, and H.B. 448, Election Changes, does not pass and become law, it is the intent of
3567 the Legislature that the Office of Legislative Research and General Counsel shall prepare the
3568 Utah Code database for publication as follows:
3569 (a) the amendments to Subsection 20A-7-307(2)(a)(i) in H.B. 68 supersede the
3570 amendments to Subsection 20A-7-307(2)(a)(i) in H.B. 38; and
3571 (b) by amending Subsection 20A-1-1003(3) in H.B. 68 to read:
3572 "(3) The clerk shall use the following procedures to determine whether to remove an
3573 individual's signature from a petition after receiving a timely, valid statement requesting
3574 removal of the signature:
3575 (a) if the signer's name and address shown on the statement and the petition exactly
3576 match a name and address shown on the official register and the signer's signatures on both the
3577 statement and the petition appear substantially similar to the signature on the statewide voter
3578 registration database, the clerk shall remove the signature from the petition;
3579 (b) if there is no exact match of an address and a name, the clerk shall remove the
3580 signature from the petition if:
3581 (i) the address on the statement and the address provided by the individual with the
3582 individual's petition signature match the address of an individual on the official register with a
3583 substantially similar name; and
3584 (ii) the signer's signatures on both the statement and the petition appear substantially
3585 similar to the signature on the statewide voter registration database of the individual described
3586 in Subsection (3)(b)(i);
3587 (c) if there is no match of an address and a substantially similar name, the clerk shall
3588 remove the signature from the petition if:
3589 (i) the birth date or age on the statement and the birth date or age provided by the
3590 individual with the individual's petition signature match the birth date or age of an individual
3591 on the official register with a substantially similar name; and
3592 (ii) the signer's signatures on both the statement and the petition appear substantially
3593 similar to the signature on the statewide voter registration database of the individual described
3594 in Subsection (3)(c)(i); and
3595 (d) if a signature does not qualify for removal under Subsection (3)(a), (b), or (c), the
3596 clerk may not remove the signature from the petition.";
3597 (2) if this H.B. 68, H.B. 38, Initiative and Referendum Modifications, and H.B. 448,
3598 Election Changes, all pass and become law, it is the intent of the Legislature that the Office of
3599 Legislative Research and General Counsel shall prepare the Utah Code database for publication
3600 as follows:
3601 (a) the amendments to Subsection 20A-7-307(2)(a)(i) in H.B. 68 supersede the
3602 amendments to Subsection 20A-7-307(2)(a)(i) in H.B. 38; and
3603 (b) Subsection 20A-1-1003(3) in H.B. 68 is amended to read:
3604 "(3) The clerk shall use the following procedures to determine whether to remove an
3605 individual's signature from a petition after receiving a timely, valid statement requesting
3606 removal of the signature:
3607 (a) if the signer's name and address shown on the statement and the petition exactly
3608 match a name and address shown on the official register and the individual's signature on the
3609 statement is reasonably consistent with the individual's signature on the statewide voter
3610 registration database, the clerk shall remove the signature from the petition;
3611 (b) if there is no exact match of an address and a name, the clerk shall remove the
3612 signature from the petition if:
3613 (i) the address on the statement and the address provided by the individual with the
3614 individual's petition signature match the address of an individual on the official register with a
3615 substantially similar name; and
3616 (ii) the individual's signature on the statement is reasonably consistent with the
3617 signature on the statewide voter registration database of the individual described in Subsection
3618 (3)(b)(i);
3619 (c) if there is no match of an address and a substantially similar name, the clerk shall
3620 remove the signature from the petition if:
3621 (i) the birth date or age on the statement and the birth date or age provided by the
3622 individual with the individual's petition signature match the birth date or age of an individual
3623 on the official register with a substantially similar name; and
3624 (ii) the individual's signature on the statement is reasonably consistent with the
3625 signature on the statewide voter registration database of the individual described in Subsection
3626 (3)(b)(i); and
3627 (d) if a signature does not qualify for removal under Subsection (3)(a), (b), or (c), the
3628 clerk may not remove the signature from the petition."; and
3629 (3) if this H.B. 68 and H.B. 448, Election Changes, both pass and become law and
3630 H.B. 38, Initiative and Referendum Modifications, does not pass and become law, it is the
3631 intent of the Legislature that the Office of Legislative Research and General Counsel shall
3632 prepare the Utah Code database for publication by amending Subsection 20A-1-1003(3) in
3633 H.B. 68 to read:
3634 "(3) The clerk shall use the following procedures to determine whether to remove an
3635 individual's signature from a petition after receiving a timely, valid statement requesting
3636 removal of the signature:
3637 (a) if the individual's name and address shown on the statement and the petition exactly
3638 match a name and address shown on the official register and the individual's signature on the
3639 statement is reasonably consistent with the individual's signature on the statewide voter
3640 registration database, the clerk shall remove the signature from the petition;
3641 (b) if there is no exact match of an address and a name, the clerk shall remove the
3642 signature from the petition if:
3643 (i) the address on the statement and the address provided by the individual with the
3644 individual's petition signature match the address of an individual on the official register with a
3645 substantially similar name; and
3646 (ii) the individual's signature on the statement is reasonably consistent with the
3647 signature on the statewide voter registration database of the individual described in Subsection
3648 (3)(b)(i);
3649 (c) if there is no match of an address and a substantially similar name, the clerk shall
3650 remove the signature from the petition if:
3651 (i) the birth date or age on the statement and the birth date or age provided by the
3652 individual with the individual's petition signature match the birth date or age of an individual
3653 on the official register with a substantially similar name; and
3654 (ii) the individual's signature on the statement is reasonably consistent with the
3655 signature on the statewide voter registration database of the individual described in Subsection
3656 (3)(b)(i); and
3657 (d) if a signature does not qualify for removal under Subsection (3)(a), (b), or (c), the
3658 clerk may not remove the signature from the petition.".