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7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to collecting signatures for, or removing signatures
10 from, an initiative petition or a referendum petition.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ modifies requirements for a form to remove a signature from an initiative petition or
15 a referendum petition;
16 ▸ clarifies that a particular document that a signature gatherer is required to provide to
17 a petition signer must only be offered to the petition signer;
18 ▸ establishes an alternate procedure for an individual with a disability to sign, or to
19 request removal of a signature from, an initiative petition or a referendum petition
20 and an alternate procedure for verifying the individual's signature;
21 ▸ in relation to the alternate procedure described in the preceding paragraph:
22 • modifies certain forms to reflect the alternate procedure; and
23 • makes it a crime to engage in certain fraudulent activity;
24 ▸ modifies the requirements that must be fulfilled before circulating a statewide
25 initiative or a statewide referendum;
26 ▸ provides that an individual who signs an initiative packet or a referendum packet
27 must read the entire statement included with the packet;
28 ▸ provides that the attestation relating to reading a statement provided with an
29 initiative packet or a referendum packet or reading the law to which the initiative or
30 referendum relates, does not require the signature-gatherer to attest that the
31 individual understands the statement or law;
32 ▸ modifies the verification form for a signature packet;
33 ▸ modifies certain mailing requirements to permit other delivery methods;
34 ▸ requires a local clerk to provide petition sponsors with a copy of the voter
35 information pamphlet to be included in the signature packet; and
36 ▸ makes technical and conforming changes.
37 Money Appropriated in this Bill:
38 None
39 Other Special Clauses:
40 None
41 Utah Code Sections Affected:
42 AMENDS:
43 20A-1-1003, as enacted by Laws of Utah 2023, Chapter 116 and last amended by
44 Coordination Clause, Laws of Utah 2023, Chapter 116
45 20A-7-101, as last amended by Laws of Utah 2023, Chapters 107, 116
46 20A-7-104, as enacted by Laws of Utah 2021, Chapter 418
47 20A-7-105, as enacted by Laws of Utah 2023, Chapter 116
48 20A-7-202.5, as last amended by Laws of Utah 2023, Chapter 107
49 20A-7-203, as last amended by Laws of Utah 2023, Chapter 107
50 20A-7-204, as last amended by Laws of Utah 2023, Chapter 107
51 20A-7-209, as last amended by Laws of Utah 2023, Chapters 45, 107 and last amended
52 by Coordination Clause, Laws of Utah 2023, Chapter 45
53 20A-7-213, as last amended by Laws of Utah 2023, Chapters 107, 116
54 20A-7-215, as last amended by Laws of Utah 2023, Chapter 107
55 20A-7-216, as last amended by Laws of Utah 2023, Chapters 107, 116
56 20A-7-303, as last amended by Laws of Utah 2023, Chapter 107
57 20A-7-308, as last amended by Laws of Utah 2023, Chapters 45, 107
58 20A-7-312, as last amended by Laws of Utah 2023, Chapter 107
59 20A-7-313, as last amended by Laws of Utah 2023, Chapter 107
60 20A-7-314, as last amended by Laws of Utah 2023, Chapters 107, 116
61 20A-7-502.5, as last amended by Laws of Utah 2023, Chapter 107
62 20A-7-503, as last amended by Laws of Utah 2023, Chapter 107
63 20A-7-504, as last amended by Laws of Utah 2023, Chapter 107
64 20A-7-508, as last amended by Laws of Utah 2023, Chapters 45, 107 and last amended
65 by Coordination Clause, Laws of Utah 2023, Chapter 45
66 20A-7-512, as last amended by Laws of Utah 2023, Chapter 107
67 20A-7-514, as last amended by Laws of Utah 2023, Chapter 107
68 20A-7-515, as last amended by Laws of Utah 2023, Chapters 107, 116
69 20A-7-602.5, as last amended by Laws of Utah 2023, Chapter 107
70 20A-7-603, as last amended by Laws of Utah 2023, Chapter 107
71 20A-7-604, as last amended by Laws of Utah 2023, Chapter 107
72 20A-7-608, as last amended by Laws of Utah 2023, Chapters 45, 107
73 20A-7-612, as last amended by Laws of Utah 2023, Chapter 107
74 20A-7-614, as last amended by Laws of Utah 2023, Chapter 107
75 20A-7-615, as last amended by Laws of Utah 2023, Chapters 107, 116
76 ENACTS:
77 20A-7-106, Utah Code Annotated 1953
78
79 Be it enacted by the Legislature of the state of Utah:
80 Section 1. Section 20A-1-1003 is amended to read:
81 20A-1-1003. Signature removal -- Statement required.
82 (1) A voter who signs a petition may have the voter's signature removed from the
83 petition by submitting to the clerk a statement requesting that the voter's signature be removed.
84 (2) (a) (i) The statement described in Subsection (1) shall include:
85 (A) the name or description of the petition from which the voter seeks to remove the
86 voter's signature;
87 [
88 [
89 [
90 [
91 (ii) To increase the likelihood of the voter's signature being identified and removed, the
92 statement may include the voter's birth date or age.
93 (b) Except as provided in Subsection [
94
95 20A-7-615(4)(b), a voter may not submit a statement described in Subsection (1) by email or
96 other electronic means.
97 (c) In order for the signature to be removed, the clerk must receive the statement
98 described in Subsection (1) no later than the deadline described in the provision of law
99 governing the petition.
100 (d) A voter may only remove a signature from a petition in accordance with this section
101 and the provision of law governing the petition.
102 (e) A clerk shall analyze a signature, for purposes of removing a signature from a
103 petition, in accordance with Subsection (3).
104 (3) [
105 shall use the following procedures to determine whether to remove an individual's signature
106 from a petition after receiving a timely, valid statement requesting removal of the signature:
107 (a) if the signer's name and address shown on the statement and the petition exactly
108 match a name and address shown on the official register and the individual's signature on the
109 statement is reasonably consistent with the individual's signature on the statewide voter
110 registration database, the clerk shall remove the signature from the petition;
111 (b) if there is no exact match of an address and a name, the clerk shall remove the
112 signature from the petition if:
113 (i) the address on the statement and the address provided by the individual with the
114 individual's petition signature match the address of an individual on the official register with a
115 substantially similar name; and
116 (ii) the individual's signature on the statement is reasonably consistent with the
117 signature on the statewide voter registration database of the individual described in Subsection
118 (3)(b)(i); and
119 (c) if there is no match of an address and a substantially similar name, the clerk shall
120 remove the signature from the petition if:
121 (i) the birth date or age on the statement and the birth date or age provided by the
122 individual with the individual's petition signature match the birth date or age of an individual
123 on the official register with a substantially similar name; and
124 (ii) the individual's signature on the statement is reasonably consistent with the
125 signature on the statewide voter registration database of the individual described in Subsection
126 (3)(b)(i)[
127 [
128 (4) If a signature does not qualify for removal under Subsection (3)(a), (b), or (c), or, if
129 applicable, Section 20A-7-106, the clerk may not remove the signature from the petition.
130 Section 2. Section 20A-7-101 is amended to read:
131 20A-7-101. Definitions.
132 As used in this chapter:
133 (1) "Approved device" means a device described in Subsection 20A-21-201(4) used to
134 gather signatures for the electronic initiative process, the electronic referendum process, or the
135 electronic candidate qualification process.
136 (2) "Budget officer" means:
137 (a) for a county, the person designated as finance officer as defined in Section 17-36-3;
138 (b) for a city, the person designated as budget officer in Subsection 10-6-106(4);
139 (c) for a town, the town council; or
140 (d) for a metro township, the person described in Subsection (2)(a) for the county in
141 which the metro township is located.
142 (3) "Certified" means that the county clerk has acknowledged a signature as being the
143 signature of a registered voter.
144 (4) "Circulation" means the process of submitting an initiative petition or a referendum
145 petition to legal voters for their signature.
146 (5) "Electronic initiative process" means:
147 (a) as it relates to a statewide initiative, the process, described in Sections 20A-7-215
148 and 20A-21-201, for gathering signatures; or
149 (b) as it relates to a local initiative, the process, described in Sections 20A-7-514 and
150 20A-21-201, for gathering signatures.
151 (6) "Electronic referendum process" means:
152 (a) as it relates to a statewide referendum, the process, described in Sections
153 20A-7-313 and 20A-21-201, for gathering signatures; or
154 (b) as it relates to a local referendum, the process, described in Sections 20A-7-614 and
155 20A-21-201, for gathering signatures.
156 (7) "Eligible voter" means a legal voter who resides in the jurisdiction of the county,
157 city, or town that is holding an election on a ballot proposition.
158 (8) "Final fiscal impact statement" means a financial statement prepared after voters
159 approve an initiative that contains the information required by Subsection 20A-7-202.5(2) or
160 20A-7-502.5(2).
161 (9) "Initial fiscal impact statement" means
162 a financial statement prepared under Section 20A-7-202.5 after the filing of a statewide
163 initiative application.
164 (10) "Initial fiscal impact and legal statement" means a financial and legal statement
165 prepared under Section 20A-7-502.5 or 20A-7-602.5 for a local initiative or a local
166 referendum.
167 (11) "Initiative" means a new law proposed for adoption by the public as provided in
168 this chapter.
169 (12) "Initiative application" means:
170 (a) for a statewide initiative, an application described in Subsection 20A-7-202(2) that
171 includes all the information, statements, documents, and notarized signatures required under
172 Subsection 20A-7-202(2); or
173 (b) for a local initiative, an application described in Subsection 20A-7-502(2) that
174 includes all the information, statements, documents, and notarized signatures required under
175 Subsection 20A-7-502(2).
176 (13) "Initiative packet" means a copy of the initiative petition, a copy of the proposed
177 law, and the signature sheets, all of which have been bound together as a unit.
178 (14) "Initiative petition":
179 (a) as it relates to a statewide initiative, using the manual initiative process:
180 (i) means the form described in Subsection 20A-7-203(2)(a), petitioning for
181 submission of the initiative to the Legislature or the legal voters; and
182 (ii) if the initiative proposes a tax increase, includes the statement described in
183 Subsection 20A-7-203(2)(b);
184 (b) as it relates to a statewide initiative, using the electronic initiative process:
185 (i) means the form described in Subsections 20A-7-215(2) and (3), petitioning for
186 submission of the initiative to the Legislature or the legal voters; and
187 (ii) if the initiative proposes a tax increase, includes the statement described in
188 Subsection 20A-7-215(5)(b);
189 (c) as it relates to a local initiative, using the manual initiative process:
190 (i) means the form described in Subsection 20A-7-503(2)(a), petitioning for
191 submission of the initiative to the legislative body or the legal voters; and
192 (ii) if the initiative proposes a tax increase, includes the statement described in
193 Subsection 20A-7-503(2)(b); or
194 (d) as it relates to a local initiative, using the electronic initiative process:
195 (i) means the form described in Subsection 20A-7-514(2)(a), petitioning for
196 submission of the initiative to the legislative body or the legal voters; and
197 (ii) if the initiative proposes a tax increase, includes the statement described in
198 Subsection 20A-7-514(4)(a).
199 (15) (a) "Land use law" means a law of general applicability, enacted based on the
200 weighing of broad, competing policy considerations, that relates to the use of land, including
201 land use regulation, a general plan, a land use development code, an annexation ordinance, the
202 rezoning of a single property or multiple properties, or a comprehensive zoning ordinance or
203 resolution.
204 (b) "Land use law" does not include a land use decision, as defined in Section
205 10-9a-103 or 17-27a-103.
206 (16) "Legal signatures" means the number of signatures of legal voters that:
207 (a) meet the numerical requirements of this chapter; and
208 (b) have been obtained, certified, and verified as provided in this chapter.
209 (17) "Legal voter" means an individual who is registered to vote in Utah.
210 (18) "Legally referable to voters" means:
211 (a) for a proposed local initiative, that the proposed local initiative is legally referable
212 to voters under Section 20A-7-502.7; or
213 (b) for a proposed local referendum, that the proposed local referendum is legally
214 referable to voters under Section 20A-7-602.7.
215 (19) "Local attorney" means the county attorney, city attorney, or town attorney in
216 whose jurisdiction a local initiative or referendum petition is circulated.
217 (20) "Local clerk" means the county clerk, city recorder, or town clerk in whose
218 jurisdiction a local initiative or referendum petition is circulated.
219 (21) (a) "Local law" includes:
220 (i) an ordinance;
221 (ii) a resolution;
222 (iii) a land use law;
223 (iv) a land use regulation, as defined in Section 10-9a-103; or
224 (v) other legislative action of a local legislative body.
225 (b) "Local law" does not include a land use decision, as defined in Section 10-9a-103.
226 (22) "Local legislative body" means the legislative body of a county, city, town, or
227 metro township.
228 (23) "Local obligation law" means a local law passed by the local legislative body
229 regarding a bond that was approved by a majority of qualified voters in an election.
230 (24) "Local tax law" means a law, passed by a political subdivision with an annual or
231 biannual calendar fiscal year, that increases a tax or imposes a new tax.
232 (25) "Manual initiative process" means the process for gathering signatures for an
233 initiative using paper signature packets that a signer physically signs.
234 (26) "Manual referendum process" means the process for gathering signatures for a
235 referendum using paper signature packets that a signer physically signs.
236 (27) "Measure" means a proposed constitutional amendment, an initiative, or
237 referendum.
238 (28) "Referendum" means a process by which a law passed by the Legislature or by a
239 local legislative body is submitted or referred to the voters for their approval or rejection.
240 (29) "Referendum application" means:
241 (a) for a statewide referendum, an application described in Subsection 20A-7-302(2)
242 that includes all the information, statements, documents, and notarized signatures required
243 under Subsection 20A-7-302(2); or
244 (b) for a local referendum, an application described in Subsection 20A-7-602(2) that
245 includes all the information, statements, documents, and notarized signatures required under
246 Subsection 20A-7-602(2).
247 (30) "Referendum packet" means a copy of the referendum petition, a copy of the law
248 being submitted or referred to the voters for their approval or rejection, and the signature
249 sheets, all of which have been bound together as a unit.
250 (31) "Referendum petition" means:
251 (a) as it relates to a statewide referendum, using the manual referendum process, the
252 form described in Subsection 20A-7-303(2)(a), petitioning for submission of a law passed by
253 the Legislature to legal voters for their approval or rejection;
254 (b) as it relates to a statewide referendum, using the electronic referendum process, the
255 form described in Subsection 20A-7-313(2), petitioning for submission of a law passed by the
256 Legislature to legal voters for their approval or rejection;
257 (c) as it relates to a local referendum, using the manual referendum process, the form
258 described in Subsection 20A-7-603(2)(a), petitioning for submission of a local law to legal
259 voters for their approval or rejection; or
260 (d) as it relates to a local referendum, using the electronic referendum process, the form
261 described in Subsection 20A-7-614(2), petitioning for submission of a local law to legal voters
262 for their approval or rejection.
263 (32) "Signature":
264 (a) for a statewide initiative:
265 (i) as it relates to the electronic initiative process, means an electronic signature
266 collected under Section 20A-7-215 and Subsection 20A-21-201(6)(c); or
267 (ii) as it relates to the manual initiative process:
268 (A) means a holographic signature collected physically on a signature sheet described
269 in Section 20A-7-203; [
270 (B) as it relates to an individual who, due to a qualifying disability under the
271 Americans with Disabilities Act, is unable to fill out the signature sheet or to sign the voter's
272 name consistently, the initials "AV," indicating that the voter's identity will be verified by an
273 alternate verification process described in Section 20A-7-106; and
274 [
275 (b) for a statewide referendum:
276 (i) as it relates to the electronic referendum process, means an electronic signature
277 collected under Section 20A-7-313 and Subsection 20A-21-201(6)(c); or
278 (ii) as it relates to the manual referendum process:
279 (A) means a holographic signature collected physically on a signature sheet described
280 in Section 20A-7-303; [
281 (B) as it relates to an individual who, due to a qualifying disability under the
282 Americans with Disabilities Act, is unable to fill out the signature sheet or to sign the voter's
283 name consistently, the initials "AV," indicating that the voter's identity will be verified by an
284 alternate verification process described in Section 20A-7-106; and
285 [
286 (c) for a local initiative:
287 (i) as it relates to the electronic initiative process, means an electronic signature
288 collected under Section 20A-7-514 and Subsection 20A-21-201(6)(c); or
289 (ii) as it relates to the manual initiative process:
290 (A) means a holographic signature collected physically on a signature sheet described
291 in Section 20A-7-503; [
292 (B) as it relates to an individual who, due to a qualifying disability under the
293 Americans with Disabilities Act, is unable to fill out the signature sheet or to sign the voter's
294 name consistently, the initials "AV," indicating that the voter's identity will be verified by an
295 alternate verification process described in Section 20A-7-106; and
296 [
297 (d) for a local referendum:
298 (i) as it relates to the electronic referendum process, means an electronic signature
299 collected under Section 20A-7-614 and Subsection 20A-21-201(6)(c); or
300 (ii) as it relates to the manual referendum process:
301 (A) means a holographic signature collected physically on a signature sheet described
302 in Section 20A-7-603; [
303 (B) as it relates to an individual who, due to a qualifying disability under the
304 Americans with Disabilities Act, is unable to fill out the signature sheet or to sign the voter's
305 name consistently, the initials "AV," indicating that the voter's identity will be verified by an
306 alternate verification process described in Section 20A-7-106; and
307 [
308 (33) "Signature sheets" means sheets in the form required by this chapter that are used
309 under the manual initiative process or the manual referendum process to collect signatures in
310 support of an initiative or referendum.
311 (34) "Special local ballot proposition" means a local ballot proposition that is not a
312 standard local ballot proposition.
313 (35) "Sponsors" means the legal voters who support the initiative or referendum and
314 who sign the initiative application or referendum application.
315 (36) (a) "Standard local ballot proposition" means a local ballot proposition for an
316 initiative or a referendum.
317 (b) "Standard local ballot proposition" does not include a property tax referendum
318 described in Section 20A-7-613.
319 (37) "Tax percentage difference" means the difference between the tax rate proposed
320 by an initiative or an initiative petition and the current tax rate.
321 (38) "Tax percentage increase" means a number calculated by dividing the tax
322 percentage difference by the current tax rate and rounding the result to the nearest thousandth.
323 (39) "Verified" means acknowledged by the person circulating the petition as required
324 in Section 20A-7-105.
325 Section 3. Section 20A-7-104 is amended to read:
326 20A-7-104. Signature gatherers -- Payments -- Badges -- Information --
327 Requirement to provide initiative or referendum for reading.
328 (1) A person may not pay a person to gather signatures under this chapter based on a
329 rate per signature, on a rate per verified signature, or on the initiative or referendum qualifying
330 for the ballot.
331 (2) A person that pays a person to gather signatures under this section shall base the
332 payment solely on an hourly rate.
333 (3) A person may not accept payment made in violation of this section.
334 (4) An individual who is paid to gather signatures for a petition described in this
335 chapter shall, while gathering signatures, wear a badge on the front of the individual's torso that
336 complies with the following, ensuring that the information on the badge is clearly visible to the
337 individual from whom a signature is sought:
338 (a) the badge shall be printed in black ink on white cardstock and laminated; and
339 (b) the information on the badge shall be in at least 24-point type and include the
340 following information:
341 (i) an identification number that is unique to the individual gathering signatures,
342 assigned by:
343 (A) for a statewide initiative or referendum, the lieutenant governor; or
344 (B) for a local initiative or referendum, the local clerk;
345 (ii) the title of the initiative or referendum;
346 (iii) the words "Paid Signature Gatherer"; and
347 (iv) the name of the entity paying the signature gatherer.
348 (5) [
349 under this chapter shall [
350 petition that:
351 (a) is printed in black ink on white paper, white cardstock, or a white sticker, in at least
352 12-point type; and
353 (b) (i) for an initiative, includes the name of the initiative and the following statement:
354 "You may view the initiative, its fiscal impact, and information on removing your
355 signature from the petition at [list a uniform resource locator that links directly to the
356 information described in Section 20A-7-202.7 or 20A-7-502.6, as applicable]."; or
357 (ii) for a referendum, includes the name of the referendum and the following statement:
358 "You may view the referendum and information on removing your signature from the
359 petition at [list a uniform resource locator that links directly to the information described in
360 Section 20A-7-304.5 or 20A-7-604.5, as applicable]."
361 (6) An individual who gathers signatures under this chapter[
362 collecting a signature from an individual, present to the individual a printed or digital copy of
363 the initiative or referendum and wait for the individual to read the initiative or referendum[
364
365 [
366
367
368 (7) A person who violates this section is guilty of a class B misdemeanor.
369 Section 4. Section 20A-7-105 is amended to read:
370 20A-7-105. Manual petition processes -- Obtaining signatures -- Verification --
371 Submitting the petition -- Certification of signatures -- Transfer to lieutenant governor --
372 Removal of signature.
373 (1) This section applies only to the manual initiative process and the manual
374 referendum process.
375 (2) As used in this section:
376 (a) "Local petition" means:
377 (i) a manual local initiative petition described in Part 5, Local Initiatives - Procedures;
378 or
379 (ii) a manual local referendum petition described in Part 6, Local Referenda -
380 Procedures.
381 (b) "Packet" means an initiative packet or referendum packet.
382 (c) "Petition" means a local petition or statewide petition.
383 (d) "Statewide petition" means:
384 (i) a manual statewide initiative petition described in Part 2, Statewide Initiatives; or
385 (ii) a manual statewide referendum petition described in Part 3, Statewide Referenda.
386 (3) (a) A Utah voter may sign a statewide petition if the voter is a legal voter.
387 (b) A Utah voter may sign a local petition if the voter:
388 (i) is a legal voter; and
389 (ii) resides in the local jurisdiction.
390 (4) (a) The sponsors shall ensure that the individual in whose presence each signature
391 sheet was signed:
392 (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
393 (ii) verifies each signature sheet by completing the verification printed on the last page
394 of each packet; and
395 (iii) is informed that each signer is required to read and understand:
396 (A) for an initiative petition, the law proposed by the initiative; or
397 (B) for a referendum petition, the law that the referendum seeks to overturn.
398 (b) An individual may not sign the verification printed on the last page of a packet if
399 the individual signed a signature sheet in the packet.
400 (5) (a) The sponsors, or an agent of the sponsors, shall submit a signed and verified
401 packet to the county clerk of the county in which the packet was circulated before 5 p.m. no
402 later than the earlier of:
403 (i) for a statewide initiative:
404 (A) 30 days after the day on which the first individual signs the initiative packet;
405 (B) 316 days after the day on which the application for the initiative petition is filed; or
406 (C) the February 15 immediately before the next regular general election immediately
407 after the application is filed under Section 20A-7-202;
408 (ii) for a statewide referendum:
409 (A) 30 days after the day on which the first individual signs the referendum packet; or
410 (B) 40 days after the day on which the legislative session at which the law passed ends;
411 (iii) for a local initiative:
412 (A) 30 days after the day on which the first individual signs the initiative packet;
413 (B) 316 days after the day on which the application is filed;
414 (C) the April 15 immediately before the next regular general election immediately after
415 the application is filed under Section 20A-7-502, if the local initiative is a county initiative; or
416 (D) the April 15 immediately before the next municipal general election immediately
417 after the application is filed under Section 20A-7-502, if the local initiative is a municipal
418 initiative; or
419 (iv) for a local referendum:
420 (A) 30 days after the day on which the first individual signs the referendum packet; or
421 (B) 45 days after the day on which the sponsors receive the items described in
422 Subsection 20A-7-604(3) from the local clerk.
423 (b) A person may not submit a packet after the applicable deadline described in
424 Subsection (5)(a).
425 (c) Before delivering an initiative packet to the county clerk under this Subsection (5),
426 the sponsors shall send an email to each individual who provides a legible, valid email address
427 on the signature sheet that includes the following:
428 (i) the subject of the email shall include the following statement, "Notice Regarding
429 Your Petition Signature"; and
430 (ii) the body of the email shall include the following statement in 12-point type:
431 "You signed a petition for the following initiative:
432 [insert title of initiative]
433 To access a copy of the initiative petition, the initiative, the fiscal impact statement, and
434 information on the deadline for removing your signature from the petition, please visit the
435 following link: [insert a uniform resource locator that takes the individual directly to the page
436 on the lieutenant governor's or county clerk's website that includes the information referred to
437 in the email]."
438 (d) When the sponsors submit the last initiative packet to the county clerk, the sponsors
439 shall submit to the county clerk:
440 (i) a list containing:
441 (A) the name and email address of each individual the sponsors sent, or caused to be
442 sent, the email described in Subsection (5)(c); and
443 (B) the date the email was sent;
444 (ii) a copy of the email described in Subsection (5)(c); and
445 (iii) the following written verification, completed and signed by each of the sponsors:
446 "Verification of initiative sponsor State of Utah, County of __________I, __________,
447 of __________, hereby state, under penalty of perjury, that:
448 I am a sponsor of the initiative petition entitled ____________________; and
449 I sent, or caused to be sent, to each individual who provided a legible, valid email
450 address on a signature sheet submitted to the county clerk in relation to the initiative petition,
451 the email described in Utah Code Subsection 20A-7-105(5)(c).
452 ______________________________________________________________ __
453 (Name) (Residence Address) (Date)".
454 (e) Signatures gathered for an initiative petition are not valid if the sponsors do not
455 comply with Subsection (5)(c) or (d).
456 (6) (a) Within 21 days after the day on which the county clerk receives the packet, the
457 county clerk shall:
458 (i) use the procedures described in Section 20A-1-1002, or 20A-7-106 if applicable, to
459 determine whether each signer is a legal voter and, as applicable, the jurisdiction where the
460 signer is registered to vote;
461 (ii) for a statewide initiative or a statewide referendum:
462 (A) certify on the petition whether each name is that of a legal voter;
463 (B) post the name, voter identification number, and date of signature of each legal
464 voter certified under Subsection (6)(a)(ii)(A) on the lieutenant governor's website, in a
465 conspicuous location designated by the lieutenant governor; and
466 (C) deliver the verified packet to the lieutenant governor;
467 (iii) for a local initiative or a local referendum:
468 (A) certify on the petition whether each name is that of a legal voter who is registered
469 in the jurisdiction to which the initiative or referendum relates;
470 (B) post the name, voter identification number, and date of signature of each legal
471 voter certified under Subsection (6)(a)(iii)(A) on the lieutenant governor's website, in a
472 conspicuous location designated by the lieutenant governor; and
473 (C) deliver the verified packet to the local clerk.
474 (b) For a local initiative or local referendum, the local clerk shall post a link in a
475 conspicuous location on the local government's website to the posting described in Subsection
476 (6)(a)(iii)(B):
477 (i) for a local initiative, during the period of time described in Subsection
478 20A-7-507(3)(a); or
479 (ii) for a local referendum, during the period of time described in Subsection
480 20A-7-607(2)(a)(i).
481 (7) The county clerk may not certify a signature under Subsection (6):
482 (a) on a packet that is not verified in accordance with Subsection (4); or
483 (b) that does not have a date of signature next to the signature.
484 (8) (a) A voter who signs a statewide initiative petition may have the voter's signature
485 removed from the petition by, in accordance with Section 20A-1-1003, submitting to the
486 county clerk a statement requesting that the voter's signature be removed no later than the
487 earlier of:
488 (i) for an initiative packet received by the county clerk before December 1:
489 (A) 30 days after the day on which the voter signs the signature removal statement; or
490 (B) 90 days after the day on which the lieutenant governor posts the voter's name under
491 Subsection 20A-7-207(2); or
492 (ii) for an initiative packet received by the county clerk on or after December 1:
493 (A) 30 days after the day on which the voter signs the signature removal statement; or
494 (B) 45 days after the day on which the lieutenant governor posts the voter's name under
495 Subsection 20A-7-207(2).
496 (b) A voter who signs a statewide referendum petition may have the voter's signature
497 removed from the petition by, in accordance with Section 20A-1-1003, submitting to the
498 county clerk a statement requesting that the voter's signature be removed no later than the
499 earlier of:
500 (i) 30 days after the day on which the voter signs the statement requesting removal; or
501 (ii) 45 days after the day on which the lieutenant governor posts the voter's name under
502 Subsection 20A-7-307(2).
503 (c) A voter who signs a local initiative petition may have the voter's signature removed
504 from the petition by, in accordance with Section 20A-1-1003, submitting to the county clerk a
505 statement requesting that the voter's signature be removed no later than the earlier of:
506 (i) 30 days after the day on which the voter signs the signature removal statement;
507 (ii) 90 days after the day on which the local clerk posts the voter's name under
508 Subsection 20A-7-507(2);
509 (iii) 316 days after the day on which the application is filed; or
510 (iv) (A) for a county initiative, April 15 immediately before the next regular general
511 election immediately after the application is filed under Section 20A-7-502; or
512 (B) for a municipal initiative, April 15 immediately before the next municipal general
513 election immediately after the application is filed under Section 20A-7-502.
514 (d) A voter who signs a local referendum petition may have the voter's signature
515 removed from the petition by, in accordance with Section 20A-1-1003, submitting to the
516 county clerk a statement requesting that the voter's signature be removed no later than the
517 earlier of:
518 (i) 30 days after the day on which the voter signs the statement requesting removal; or
519 (ii) 45 days after the day on which the local clerk posts the voter's name under
520 Subsection 20A-7-607(2)(a).
521 [
522
523 [
524 statement described in this Subsection (8) before 5 p.m. no later than the applicable deadline
525 described in this Subsection (8).
526 [
527 from a petition, in accordance with Subsection 20A-1-1003(3).
528 (9) (a) If the county clerk timely receives a statement requesting signature removal
529 under Subsection (8) and determines that the signature should be removed from the petition
530 under Subsection 20A-1-1003(3), the county clerk shall:
531 (i) ensure that the voter's name, voter identification number, and date of signature are
532 not included in the posting described in Subsection (6)(a)(ii)(B) or (iii)(B); and
533 (ii) remove the voter's signature from the signature packets and signature packet totals.
534 (b) The county clerk shall comply with Subsection (9)(a) before the later of:
535 (i) the deadline described in Subsection (6)(a); or
536 (ii) two business days after the day on which the county clerk receives a statement
537 requesting signature removal under Subsection (8).
538 (10) A person may not retrieve a packet from a county clerk, or make any alterations or
539 corrections to a packet, after the packet is submitted to the county clerk.
540 Section 5. Section 20A-7-106 is enacted to read:
541 20A-7-106. Petition signature or removal for an individual with a disability.
542 (1) If a voter who desires to sign a petition is, due to a qualifying disability under the
543 Americans with Disabilities Act, unable to fill out the signature sheet or to sign the voter's
544 name consistently, the voter may:
545 (a) inform the individual gathering signatures that, due to a qualifying disability under
546 the Americans with Disabilities Act, the voter is unable to fill out the signature sheet or to sign
547 the voter's name consistently; and
548 (b) direct the individual gathering signatures to:
549 (i) fill out the form on the signature sheet with the information provided by the voter;
550 and
551 (ii) in place of the registered voter's signature:
552 (A) place the initials "AV" to indicate that the county clerk must use an alternate
553 verification process to verify the validity of the voter's signature; and
554 (B) place next to the initials described in Subsection (1)(b)(ii)(A) a phone number,
555 email address, or other method that the county clerk may use to contact the voter to verify the
556 identity of the voter.
557 (2) If a voter who desires to remove the voter's signature from a petition is, due to a
558 qualifying disability under the Americans with Disabilities Act, unable to sign the voter's name
559 consistently, the voter may, instead of signing the statement described in Section 20A-1-1003:
560 (a) place the initials "AV" to indicate that the county clerk must use an alternate
561 verification process to verify the validity of the voter's signature; and
562 (b) include in the statement a phone number, email address, or other method that the
563 county clerk may use to contact the voter to verify the identity of the voter.
564 (3) The alternate verification process described in this section includes:
565 (a) the process described in Subsection 20A-3a-401(7)(b); or
566 (b) another process established by rule, made by the director of elections within the
567 Office of the Lieutenant Governor, in accordance with Title 63G, Chapter 3, Utah
568 Administrative Rulemaking Act.
569 Section 6. Section 20A-7-202.5 is amended to read:
570 20A-7-202.5. Initial fiscal impact statement -- Preparation of statement --
571 Challenge to statement.
572 (1) Within three working days after the day on which the lieutenant governor receives
573 an initiative application, the lieutenant governor shall submit a copy of the initiative application
574 to the Office of the Legislative Fiscal Analyst.
575 (2) (a) The Office of the Legislative Fiscal Analyst shall prepare an unbiased, good
576 faith initial fiscal impact statement for the proposed law, not exceeding 100 words plus 100
577 words per revenue source created or impacted by the proposed law, that contains:
578 (i) a description of the total estimated fiscal impact of the proposed law over the time
579 period or time periods determined by the Office of the Legislative Fiscal Analyst to be most
580 useful in understanding the estimated fiscal impact of the proposed law;
581 (ii) if the proposed law would increase taxes, decrease taxes, or impose a new tax, a
582 dollar amount representing the total estimated increase or decrease for each type of tax affected
583 under the proposed law, a dollar amount showing the estimated amount of a new tax, and a
584 dollar amount representing the total estimated increase or decrease in taxes under the proposed
585 law;
586 (iii) if the proposed law would increase a particular tax or tax rate, the tax percentage
587 difference and the tax percentage increase for each tax or tax rate increased;
588 (iv) if the proposed law would result in the issuance or a change in the status of bonds,
589 notes, or other debt instruments, a dollar amount representing the total estimated increase or
590 decrease in public debt under the proposed law;
591 (v) a dollar amount representing the estimated cost or savings, if any, to state or local
592 government entities under the proposed law;
593 (vi) if the proposed law would increase costs to state government, a listing of all
594 sources of funding for the estimated costs; and
595 (vii) a concise description and analysis titled "Funding Source," not to exceed 100
596 words for each funding source, of the funding source information described in Subsection
597 20A-7-202(2)(e)(ii).
598 (b) If the proposed law is estimated to have no fiscal impact, the Office of the
599 Legislative Fiscal Analyst shall include a summary statement in the initial fiscal impact
600 statement in substantially the following form:
601 "The Office of the Legislative Fiscal Analyst estimates that the law proposed by this
602 initiative would have no significant fiscal impact and would not result in either an increase or
603 decrease in taxes or debt."
604 (3) Within 25 calendar days after the day on which the lieutenant governor delivers a
605 copy of the initiative application, the Office of the Legislative Fiscal Analyst shall:
606 (a) [
607 governor's office; and
608 (b) [
609 named in the initiative application.
610 (4) (a) (i) Three or more of the sponsors of the initiative petition may, within 20
611 calendar days after the day on which the Office of the Legislative Fiscal Analyst delivers the
612 initial fiscal impact statement to the lieutenant governor's office, file a petition with the
613 appropriate court, alleging that the initial fiscal impact statement, taken as a whole, is an
614 inaccurate estimate of the fiscal impact of the initiative.
615 (ii) After receipt of the appeal, the court shall direct the lieutenant governor to send
616 notice of the petition filed with the court to:
617 (A) any person or group that has filed an argument with the lieutenant governor's office
618 for or against the initiative that is the subject of the challenge; and
619 (B) any political issues committee established under Section 20A-11-801 that has filed
620 written or electronic notice with the lieutenant governor that identifies the name, mailing or
621 email address, and telephone number of the person designated to receive notice about any
622 issues relating to the initiative.
623 (b) (i) There is a presumption that the initial fiscal impact statement prepared by the
624 Office of the Legislative Fiscal Analyst is based upon reasonable assumptions, uses reasonable
625 data, and applies accepted analytical methods to present the estimated fiscal impact of the
626 initiative.
627 (ii) The court may not revise the contents of, or direct the revision of, the initial fiscal
628 impact statement unless the plaintiffs rebut the presumption by clear and convincing evidence
629 that establishes that the initial fiscal impact statement, taken as a whole, is an inaccurate
630 statement of the estimated fiscal impact of the initiative.
631 (iii) The court may refer an issue related to the initial fiscal impact statement to a
632 master to examine the issue and make a report in accordance with Utah Rules of Civil
633 Procedure, Rule 53.
634 (c) The court shall certify to the lieutenant governor a fiscal impact statement for the
635 initiative that meets the requirements of this section.
636 Section 7. Section 20A-7-203 is amended to read:
637 20A-7-203. Manual initiative process -- Form of initiative petition and signature
638 sheets.
639 (1) This section applies only to the manual initiative process.
640 (2) (a) Each proposed initiative petition shall be printed in substantially the following
641 form:
642 "INITIATIVE PETITION To the Honorable ____, Lieutenant Governor:
643 We, the undersigned citizens of Utah, respectfully demand that the following proposed
644 law be submitted to the legal voters/Legislature of Utah for their/its approval or rejection at the
645 regular general election/session to be held/ beginning on _________(month\day\year);
646 Each signer says:
647 I have personally signed this initiative petition or, if I am an individual with a
648 qualifying disability, I have signed this initiative petition by directing the signature gatherer to
649 enter the initials "AV" as my signature;
650 The date next to my signature correctly reflects the date that I actually signed the
651 initiative petition;
652 I have personally [
653 I am registered to vote in Utah; and
654 My residence and post office address are written correctly after my name.
655 NOTICE TO SIGNERS:
656 Public hearings to discuss this initiative were held at: (list dates and locations of public
657 hearings.)".
658 (b) If the initiative proposes a tax increase, the following statement shall appear, in at
659 least 14-point, bold type, immediately following the information described in Subsection
660 (2)(a):
661 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
662 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
663 increase in the current tax rate.".
664 (c) The sponsors of an initiative or an agent of the sponsors shall attach a copy of the
665 proposed law to each initiative petition.
666 (3) Each initiative signature sheet shall:
667 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
668 (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
669 that line blank for the purpose of binding;
670 (c) include the title of the initiative printed below the horizontal line, in at least
671 14-point, bold type;
672 (d) include a table immediately below the title of the initiative, and beginning .5 inch
673 from the left side of the paper, as follows:
674 (i) the first column shall be .5 inch wide and include three rows;
675 (ii) the first row of the first column shall be .85 inch tall and contain the words "For
676 Office Use Only" in 10-point type;
677 (iii) the second row of the first column shall be .35 inch tall;
678 (iv) the third row of the first column shall be .5 inch tall;
679 (v) the second column shall be 2.75 inches wide;
680 (vi) the first row of the second column shall be .35 inch tall and contain the words
681 "Registered Voter's Printed Name (must be legible to be counted)" in 10-point type;
682 (vii) the second row of the second column shall be .5 inch tall;
683 (viii) the third row of the second column shall be .35 inch tall and contain the words
684 "Street Address, City, Zip Code" in 10-point type;
685 (ix) the fourth row of the second column shall be .5 inch tall;
686 (x) the third column shall be 2.75 inches wide;
687 (xi) the first row of the third column shall be .35 inch tall and contain the words
688 "Signature of Registered Voter" in 10-point type;
689 (xii) the second row of the third column shall be .5 inch tall;
690 (xiii) the third row of the third column shall be .35 inch tall and contain the words
691 "Email Address (optional, to receive additional information)" in 10-point type;
692 (xiv) the fourth row of the third column shall be .5 inch tall;
693 (xv) the fourth column shall be one inch wide;
694 (xvi) the first row of the fourth column shall be .35 inch tall and contain the words
695 "Date Signed" in 10-point type;
696 (xvii) the second row of the fourth column shall be .5 inch tall;
697 (xviii) the third row of the fourth column shall be .35 inch tall and contain the words
698 "Birth Date or Age (optional)" in 10-point type;
699 (xix) the fourth row of the third column shall be .5 inch tall; and
700 (xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
701 and contain the following statement, "By signing this initiative petition, you are stating that you
702 have read and understand the law proposed by this initiative petition." in 12-point type;
703 (e) the table described in Subsection (3)(d) shall be repeated, leaving sufficient room at
704 the bottom of the sheet for the information described in Subsection (3)(f); and
705 (f) at the bottom of the sheet, include in the following order:
706 (i) the words "Fiscal Impact of" followed by the title of the initiative, in at least
707 12-point, bold type;
708 (ii) except as provided in Subsection (5), the initial fiscal impact statement issued by
709 the Office of the Legislative Fiscal Analyst in accordance with Subsection 20A-7-202.5(2)(a),
710 including any update in accordance with Subsection 20A-7-204.1(5), in not less than 12-point
711 type;
712 (iii) if the initiative proposes a tax increase, the following statement in 12-point, bold
713 type:
714 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
715 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
716 increase in the current tax rate."; and
717 (iv) the word "Warning," in 12-point, bold type, followed by the following statement in
718 not less than eight-point type:
719 "It is a class A misdemeanor for an individual to sign an initiative petition with a name
720 other than the individual's own name, or to knowingly sign the individual's name more than
721 once for the same initiative petition, or to sign an initiative petition when the individual knows
722 that the individual is not a registered voter.
723 Birth date or age information is not required, but it may be used to verify your identity
724 with voter registration records. If you choose not to provide it, your signature may not be
725 verified as a valid signature if you change your address before petition signatures are verified
726 or if the information you provide does not match your voter registration records."
727 (4) The final page of each initiative packet shall contain the following printed or typed
728 statement:
729 Verification of signature collector
730 State of Utah, County of ____
731 I, _______________, of ____, hereby state, under penalty of perjury, that:
732 I am a resident of Utah and am at least 18 years old;
733 All the names that appear in this initiative packet were signed by individuals who
734 professed to be the individuals whose names appear in it, and each of the individuals signed the
735 individual's name on it in my presence or, in the case of an individual with a qualifying
736 disability, I have signed this initiative petition on the individual's behalf, at the direction of the
737 individual and in the individual's presence, by entering the initials "AV" as the individual's
738 signature;
739 I certify that, for each individual whose signature is represented in this initiative
740 packet by the initials "AV":
741 I obtained the individual's voluntary direction or consent to sign the initiative
742 petition on the individual's behalf;
743 I do not believe, or have reason to believe, that the individual lacked the
744 mental capacity to give direction or consent;
745 I do not believe, or have reason to believe, that the individual did not
746 understand the purpose or nature of my signing the initiative petition on the individual's behalf;
747 I did not intentionally or knowingly deceive the individual into directing me to,
748 or consenting for me to, sign the initiative petition on the individual's behalf; and
749 I did not intentionally or knowingly enter false information on the signature
750 sheet;
751 I did not knowingly make a misrepresentation of fact concerning the law proposed by
752 the initiative;
753 I believe that each [
754
755 has read [
756 to vote in Utah[
757 [
758 signature appears next to [
759 I have not paid or given anything of value to any individual who signed this initiative
760 packet to encourage that individual to sign it.
761 ______________________________________________________________________
762 (Name) (Residence Address) (Date)
763 (5) If the initial fiscal impact statement described in Subsection (3)(f)(ii), as updated in
764 accordance with Subsection 20A-7-204.1(5), exceeds 200 words, the Office of the Legislative
765 Fiscal Analyst shall prepare a shorter summary statement, for the purpose of inclusion on an
766 initiative signature sheet, that does not exceed 200 words.
767 (6) If the forms described in this section are substantially followed, the initiative
768 petitions are sufficient, notwithstanding clerical and merely technical errors.
769 (7) An individual's status as a resident, under Subsection (4), is determined in
770 accordance with Section 20A-2-105.
771 Section 8. Section 20A-7-204 is amended to read:
772 20A-7-204. Manual initiative process -- Circulation requirements -- Lieutenant
773 governor to provide sponsors with materials.
774 (1) This section applies only to the manual initiative process.
775 (2) In order to obtain the necessary number of signatures required by this part, the
776 sponsors or an agent of the sponsors shall, after the sponsors receive the documents described
777 in Subsection (3), circulate initiative packets that meet the form requirements of this part.
778 (3) The lieutenant governor shall provide the sponsors with a copy of the initiative
779 petition and a signature sheet within three days after the day on which the following conditions
780 are fulfilled:
781 (a) the sponsors hold the final hearing required under Section 20A-7-204.1;
782 (b) the sponsors provide to the Office of the Lieutenant Governor the video tape, audio
783 tape, or comprehensive minutes described in Subsection 20A-7-204.1(4) for each public
784 hearing described in Section 20A-7-204.1;
785 (c) (i) the sponsors give written notice to the Office of the Lieutenant Governor that the
786 sponsors waive the opportunity to change the text of the proposed law under Subsection
787 20A-7-204.1(5);
788 (ii) the deadline, described in Subsection 20A-7-204.1(5)(a), for changing the text of
789 the proposed law passes without the sponsors filing an application addendum in accordance
790 with Subsection 20A-7-204.1(5); or
791 (iii) if the sponsors file an application addendum in accordance with Subsection
792 20A-7-204.1(5), the Office of the Legislative Fiscal Analyst provides to the Office of the
793 Lieutenant Governor:
794 (A) an updated initial fiscal impact statement, in accordance with Subsection
795 20A-7-204.1(5)(b); or
796 (B) a written notice indicating that no changes to the initial fiscal impact statement are
797 necessary; [
798 (d) (i) the sponsors give written notice to the Office of the Lieutenant Governor that the
799 sponsors waive the opportunity to:
800 (A) challenge the initial fiscal impact statement in court; and
801 (B) if applicable, challenge the updated initial fiscal impact statement in court;
802 (ii) the deadline, described in Subsection 20A-7-202.5(4)(a)(i), for:
803 (A) challenging the initial fiscal impact statement in court passes without the sponsors
804 filing a petition to challenge; and
805 (B) if applicable, challenging the updated initial fiscal impact statement in court passes
806 without the sponsors filing a petition to challenge; or
807 (iii) if the sponsors timely file a petition challenging the initial fiscal impact statement
808 in court or, if applicable, the updated initial fiscal impact statement in court, and the court's
809 decision becomes final; and
810 [
811 Lieutenant Governor specifying the range of numbers that the sponsors will use to number the
812 initiative packets.
813 (4) The sponsors of the initiative shall:
814 (a) arrange and pay for the printing of all documents that are part of the initiative
815 packets; and
816 (b) ensure that the initiative packets and the documents described in Subsection (4)(a)
817 meet the requirements of this part.
818 (5) (a) The sponsors or an agent of the sponsors may prepare the initiative packets for
819 circulation by creating multiple initiative packets.
820 (b) The sponsors or an agent of the sponsors shall create the initiative packets by
821 binding a copy of the initiative petition with the text of the proposed law, including any
822 modification made under Subsection 20A-7-204.1(5) and no more than 50 signature sheets
823 together at the top in a manner that the initiative packets may be conveniently opened for
824 signing.
825 (c) An initiative packet is not required to have a uniform number of signature sheets.
826 (6) (a) The sponsors or an agent of the sponsors shall, before gathering signatures:
827 (i) contact the lieutenant governor's office to receive a range of numbers that the
828 sponsors may use to number initiative packets;
829 (ii) sign an agreement with the Office of the Lieutenant Governor, specifying the range
830 of numbers that the sponsors will use to number the initiative packets; and
831 (iii) number each initiative packet, sequentially, within the range of numbers provided
832 by the lieutenant governor's office, starting with the lowest number in the range.
833 (b) The sponsors or an agent of the sponsors may not:
834 (i) number an initiative packet in a manner not directed by the lieutenant governor's
835 office; or
836 (ii) circulate or submit an initiative packet that is not numbered in the manner directed
837 by the lieutenant governor's office.
838 Section 9. Section 20A-7-209 is amended to read:
839 20A-7-209. Short title and summary of initiative -- Duties of lieutenant governor
840 and Office of Legislative Research and General Counsel.
841 (1) On or before June 5 before the regular general election, the lieutenant governor
842 shall deliver a copy of all of the proposed laws that have qualified for the ballot to the Office of
843 Legislative Research and General Counsel.
844 (2) (a) The Office of Legislative Research and General Counsel shall:
845 (i) entitle each statewide initiative that has qualified for the ballot "Proposition Number
846 __" and give it a number as assigned under Section 20A-6-107;
847 (ii) prepare for each initiative:
848 (A) an impartial short title, not exceeding 25 words, that generally describes the subject
849 of the initiative; and
850 (B) an impartial summary of the contents of the initiative, not exceeding 125 words;
851 and
852 (iii) provide each short title, and summary to the lieutenant governor on or before June
853 26.
854 (b) The short title and summary may be distinct from the title of the proposed law.
855 (c) If the initiative proposes a tax increase, the Office of Legislative Research and
856 General Counsel shall include the following statement, in bold, in the summary:
857 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
858 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
859 increase in the current tax rate.".
860 (d) Subject to Subsection (4), for each statewide initiative, the official ballot shall
861 show, in the following order:
862 (i) the number of the initiative, determined in accordance with Section 20A-6-107;
863 (ii) the short title;
864 (iii) except as provided in Subsection (2)(e):
865 (A) the summary;
866 (B) the text of the proposed law; and
867 (C) a link to a location on the lieutenant governor's website where a voter may review
868 additional information relating to each initiative, including the information described in
869 Subsection 20A-7-202(2), the initial fiscal impact statement described in Section 20A-7-202.5,
870 as updated under Section 20A-7-204.1, and the arguments relating to the initiative that are
871 included in the voter information pamphlet; and
872 (iv) the initial fiscal impact statement prepared under Section 20A-7-202.5, as updated
873 under Section 20A-7-204.1.
874 (e) Unless the information described in Subsection (2)(d)(iii) is shown on the official
875 ballot, the election officer shall include with the ballot a separate ballot proposition insert that
876 includes the short title and summary for each initiative on the ballot and a link to a location on
877 the lieutenant governor's website where a voter may review the additional information
878 described in Subsection (2)(d)(iii)(C).
879 (f) Unless the information described in Subsection (2)(d)(iii) for all initiatives on the
880 ballot, and the information described in Subsection 20A-7-308(2)(c)(iii) for all referenda on the
881 ballot, is printed on the ballot, the ballot shall include the following statement at the beginning
882 of the portion of the ballot that includes ballot measures, "The ballot proposition sheet included
883 with this ballot contains an impartial summary of each initiative and referendum on this ballot,
884 unless the summary is printed directly on the ballot."
885 (3) On or before June 27, the lieutenant governor shall [
886 title and summary to any sponsor of the petition.
887 (4) (a) (i) At least three of the sponsors of the petition may, on or before July 6,
888 challenge the wording of the short title and summary prepared by the Office of Legislative
889 Research and General Counsel to the appropriate court.
890 (ii) After receipt of the challenge, the court shall direct the lieutenant governor to send
891 notice of the challenge to:
892 (A) any person or group that has filed an argument for or against the initiative that is
893 the subject of the challenge; or
894 (B) any political issues committee established under Section 20A-11-801 that has filed
895 written or electronic notice with the lieutenant governor that identifies the name, mailing or
896 email address, and telephone number of the individual designated to receive notice about any
897 issues relating to the initiative.
898 (b) (i) There is a presumption that the short title prepared by the Office of Legislative
899 Research and General Counsel is an impartial description of the contents of the initiative.
900 (ii) The court may not revise the wording of the short title unless the plaintiffs rebut the
901 presumption by clearly and convincingly establishing that the short title is false or biased.
902 (iii) There is a presumption that the summary prepared by the Office of Legislative
903 Research and General Counsel is an impartial summary of the contents of the initiative.
904 (iv) The court may not revise the wording of the summary unless the plaintiffs rebut
905 the presumption by clearly and convincingly establishing that the summary is false or biased.
906 (c) The court shall:
907 (i) examine the short title and summary;
908 (ii) hear arguments; and
909 (iii) enter an order consistent with the requirements of this section.
910 (d) The lieutenant governor shall, in accordance with the court's order, certify the short
911 title and summary to the county clerks for inclusion in the ballot or ballot proposition insert, as
912 required by this section.
913 Section 10. Section 20A-7-213 is amended to read:
914 20A-7-213. Misconduct of electors and officers -- Penalty.
915 (1) It is unlawful for an individual to:
916 (a) sign any name other than the individual's own to an initiative petition or a statement
917 described in Subsection 20A-7-105(8) or 20A-7-216(4);
918 (b) knowingly sign the individual's name more than once for the same initiative at one
919 election;
920 (c) knowingly indicate that an individual who signed an initiative petition signed the
921 initiative petition on a date other than the date that the individual signed the initiative petition;
922 (d) sign an initiative petition knowing the individual is not a legal voter; [
923 (e) on behalf of a voter described in Section 20A-7-106, place the initials "AV" or
924 enter any information on a signature sheet or statement described in Section 20A-7-106, if the
925 individual:
926 (i) does not obtain the voluntary direction or consent of the voter;
927 (ii) believes or has reason to believe that the voter lacks the mental capacity to give the
928 voter's direction or consent;
929 (iii) believes or has reason to believe that the voter does not understand the purpose or
930 nature of the action taken by the individual on behalf of the voter;
931 (iv) intentionally or knowingly deceives the voter into providing the direction or
932 consent of the voter; or
933 (v) intentionally or knowingly enters false information on the signature sheet or
934 statement; or
935 [
936 (2) It is unlawful for an individual to sign the verification for an initiative packet, or to
937 electronically sign the verification for a signature under Subsection 20A-21-201(9), knowing
938 that:
939 (a) the individual does not meet the residency requirements of Section 20A-2-105;
940 (b) the signature date associated with the individual's signature for the initiative
941 petition is not the date that the individual signed the initiative petition;
942 (c) the individual has not witnessed the signatures of those individuals whose
943 signatures the individual collects or submits; or
944 (d) one or more individuals who signed the initiative petition are not registered to vote
945 in Utah.
946 (3) It is unlawful for an individual to:
947 (a) pay an individual to sign an initiative petition;
948 (b) pay an individual to remove the individual's signature from an initiative petition;
949 (c) accept payment to sign an initiative petition; or
950 (d) accept payment to have the individual's name removed from an initiative petition.
951 (4) A violation of this section is a class A misdemeanor.
952 Section 11. Section 20A-7-215 is amended to read:
953 20A-7-215. Electronic initiative process -- Form of initiative petition --
954 Circulation requirements -- Signature collection.
955 (1) This section applies only to the electronic initiative process.
956 (2) (a) The first screen presented on the approved device shall include the following
957 statement:
958 "This INITIATIVE PETITION is addressed to the Honorable ____, Lieutenant
959 Governor:
960 The citizens of Utah who sign this petition respectfully demand that the following
961 proposed law be submitted to the legal voters/Legislature of Utah for their/its approval or
962 rejection at the regular general election/session to be held/beginning on
963 _________(month\day\year)."
964 (b) An individual may not advance to the second screen until the individual clicks a
965 link at the bottom of the first screen stating, "By clicking here, I attest that I have read and
966 understand the information presented on this screen."
967 (3) (a) The second screen presented on the approved device shall include the following
968 statement:
969 "Public hearings to discuss this initiative were held at: (list dates and locations of public
970 hearings.)".
971 (b) An individual may not advance to the third screen until the individual clicks a link
972 at the bottom of the second screen stating, "By clicking here, I attest that I have read and
973 understand the information presented on this screen."
974 (4) (a) The third screen presented on the approved device shall include the title of
975 proposed law, described in Subsection 20A-7-202(2)(e)(i), followed by the entire text of the
976 proposed law.
977 (b) An individual may not advance to the fourth screen until the individual clicks a link
978 at the bottom of the third screen stating, "By clicking here, I attest that I have read and
979 understand the entire text of the proposed law."
980 (5) Subsequent screens shall be presented on the device in the following order, with the
981 individual viewing the device being required, before advancing to the next screen, to click a
982 link at the bottom of the screen with the following statement: "By clicking here, I attest that I
983 have read and understand the information presented on this screen.":
984 (a) a description of all proposed sources of funding for the costs associated with the
985 proposed law, including the proposed percentage of total funding from each source;
986 (b) (i) if the initiative proposes a tax increase, the following statement, "This initiative
987 seeks to increase the current (insert name of tax) rate by (insert the tax percentage difference)
988 percent, resulting in a(n) (insert the tax percentage increase) percent increase in the current tax
989 rate."; or
990 (ii) if the initiative does not propose a tax increase, the following statement, "This
991 initiative does not propose a tax increase.";
992 (c) the initial fiscal impact statement issued by the Office of the Legislative Fiscal
993 Analyst in accordance with Subsection 20A-7-202.5(2)(a), including any update in accordance
994 with Subsection 20A-7-204.1(6);
995 (d) a statement indicating whether persons gathering signatures for the initiative
996 petition may be paid for gathering signatures; and
997 (e) the following statement, followed by links where the individual may click "yes" or
998 "no":
999 "I have personally [
1000 device;
1001 I am personally signing this initiative petition;
1002 I am registered to vote in Utah; and
1003 All information I enter on this device, including my residence and post office address, is
1004 accurate.
1005 It is a class A misdemeanor for an individual to sign an initiative petition with a name
1006 other than the individual's own name, or to knowingly sign the individual's name more than
1007 once for the same initiative petition, or to sign an initiative petition when the individual knows
1008 that the individual is not a registered voter.
1009 WARNING
1010 Even if your voter registration record is classified as private, your name, voter
1011 identification number, and date of signature in relation to signing this initiative petition will be
1012 made public.
1013 Do you wish to continue and sign this initiative petition?"
1014 (6) (a) If the individual clicks "no" in response to the question described in Subsection
1015 (5)(e), the next screen shall include the following statement, "Thank you for your time. Please
1016 return this device to the signature-gatherer."
1017 (b) If the individual clicks "yes" in response to the question described in Subsection
1018 (5)(e), the website, or the application that accesses the website, shall take the signature-gatherer
1019 and the individual signing the initiative petition through the signature process described in
1020 Section 20A-21-201.
1021 Section 12. Section 20A-7-216 is amended to read:
1022 20A-7-216. Electronic initiative process -- Obtaining signatures -- Request to
1023 remove signature.
1024 (1) This section applies to the electronic initiative process.
1025 (2) A Utah voter may sign an initiative petition if the voter is a legal voter.
1026 (3) The sponsors shall ensure that the signature-gatherer who collects a signature from
1027 an individual:
1028 (a) verifies that the individual is at least 18 years old and meets the residency
1029 requirements of Section 20A-2-105; and
1030 (b) is informed that each signer is required to read and understand the law proposed by
1031 the initiative.
1032 (4) A voter who signs an initiative petition may have the voter's signature removed
1033 from the initiative petition by, in accordance with Section 20A-1-1003, submitting to the
1034 county clerk a statement requesting that the voter's signature be removed before 5 p.m. no later
1035 than the earlier of:
1036 (a) for an electronic signature gathered before December 1:
1037 (i) 30 days after the day on which the voter signs the signature removal statement; or
1038 (ii) 90 days after the day on which the county clerk posts the voter's name under
1039 Subsection 20A-7-217(4); or
1040 (b) for an electronic signature gathered on or after December 1:
1041 (i) 30 days after the day on which the voter signs the signature removal statement; or
1042 (ii) 45 days after the day on which the county clerk posts the voter's name under
1043 Subsection 20A-7-217(4).
1044 [
1045 [
1046 [
1047 [
1048 [
1049 [
1050
1051 [
1052 Subsection (4) by email or other electronic means, unless the lieutenant governor establishes a
1053 signature removal process that is consistent with the requirements of this section and Section
1054 20A-21-201.
1055 [
1056 in accordance with this section.
1057 [
1058 an electronic signature from an initiative petition, in accordance with Subsection
1059 20A-1-1003(3).
1060 Section 13. Section 20A-7-303 is amended to read:
1061 20A-7-303. Manual referendum process -- Form of referendum petition and
1062 signature sheets.
1063 (1) This section applies only to the manual referendum process.
1064 (2) (a) Each proposed referendum petition shall be printed in substantially the
1065 following form:
1066 "REFERENDUM PETITION To the Honorable ____, Lieutenant Governor:
1067 We, the undersigned citizens of Utah, respectfully order that Senate (or House) Bill No.
1068 ____, entitled (title of act, and, if the petition is against less than the whole act, set forth here
1069 the part or parts on which the referendum is sought), passed by the Legislature of the state of
1070 Utah during the ____ Session, be referred to the people of Utah for their approval or rejection
1071 at a regular general election or a statewide special election;
1072 Each signer says:
1073 I have personally signed this referendum petition or, if I am an individual with a
1074 qualifying disability, I have signed this referendum petition by directing the signature gatherer
1075 to enter the initials "AV" as my signature;
1076 The date next to my signature correctly reflects the date that I actually signed the
1077 referendum petition;
1078 I have personally [
1079 packet;
1080 I am registered to vote in Utah; and
1081 My residence and post office address are written correctly after my name.".
1082 (b) The sponsors of a referendum or an agent of the sponsors shall attach a copy of the
1083 law that is the subject of the referendum to each referendum petition.
1084 (3) Each referendum signature sheet shall:
1085 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
1086 (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
1087 that line blank for the purpose of binding;
1088 (c) include the title of the referendum printed below the horizontal line, in at least
1089 14-point, bold type;
1090 (d) include a table immediately below the title of the referendum, and beginning .5 inch
1091 from the left side of the paper, as follows:
1092 (i) the first column shall be .5 inch wide and include three rows;
1093 (ii) the first row of the first column shall be .85 inch tall and contain the words "For
1094 Office Use Only" in 10-point type;
1095 (iii) the second row of the first column shall be .35 inch tall;
1096 (iv) the third row of the first column shall be .5 inch tall;
1097 (v) the second column shall be 2.75 inches wide;
1098 (vi) the first row of the second column shall be .35 inch tall and contain the words
1099 "Registered Voter's Printed Name (must be legible to be counted)" in 10-point type;
1100 (vii) the second row of the second column shall be .5 inch tall;
1101 (viii) the third row of the second column shall be .35 inch tall and contain the words
1102 "Street Address, City, Zip Code" in 10-point type;
1103 (ix) the fourth row of the second column shall be .5 inch tall;
1104 (x) the third column shall be 2.75 inches wide;
1105 (xi) the first row of the third column shall be .35 inch tall and contain the words
1106 "Signature of Registered Voter" in 10-point type;
1107 (xii) the second row of the third column shall be .5 inch tall;
1108 (xiii) the third row of the third column shall be .35 inch tall and contain the words
1109 "Email Address (optional, to receive additional information)" in 10-point type;
1110 (xiv) the fourth row of the third column shall be .5 inch tall;
1111 (xv) the fourth column shall be one inch wide;
1112 (xvi) the first row of the fourth column shall be .35 inch tall and contain the words
1113 "Date Signed" in 10-point type;
1114 (xvii) the second row of the fourth column shall be .5 inch tall;
1115 (xviii) the third row of the fourth column shall be .35 inch tall and contain the words
1116 "Birth Date or Age (optional)" in 10-point type;
1117 (xix) the fourth row of the third column shall be .5 inch tall; and
1118 (xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
1119 and contain the following words "By signing this referendum petition, you are stating that you
1120 have read and understand the law that this referendum petition seeks to overturn." in 12-point
1121 type;
1122 (e) the table described in Subsection (3)(d) shall be repeated, leaving sufficient room at
1123 the bottom of the sheet for the information described in Subsection (3)(f); and
1124 (f) at the bottom of the sheet, include the word "Warning," in 12-point, bold type,
1125 followed by the following statement in not less than eight-point type:
1126 "It is a class A misdemeanor for an individual to sign a referendum petition with a name
1127 other than the individual's own name, or to knowingly sign the individual's name more than
1128 once for the same referendum petition, or to sign a referendum petition when the individual
1129 knows that the individual is not a registered voter.
1130 Birth date or age information is not required, but it may be used to verify your identity
1131 with voter registration records. If you choose not to provide it, your signature may not be
1132 verified as a valid signature if you change your address before petition signatures are verified
1133 or if the information you provide does not match your voter registration records."
1134 (4) The final page of each referendum packet shall contain the following printed or
1135 typed statement:
1136 Verification of signature collector
1137 State of Utah, County of ____
1138 I, _______________, of ____, hereby state, under penalty of perjury, that:
1139 I am a Utah resident and am at least 18 years old;
1140 All the names that appear in this referendum packet were signed by individuals who
1141 professed to be the individuals whose names appear in it, and each of the individuals signed the
1142 individual's name on it in my presence or, in the case of an individual with a qualifying
1143 disability, I have signed this referendum petition on the individual's behalf, at the direction of
1144 the individual and in the individual's presence, by entering the initials "AV" as the individual's
1145 signature;
1146 I certify that, for each individual whose signature is represented in this referendum
1147 packet by the initials "AV":
1148 I obtained the individual's voluntary direction or consent to sign the
1149 referendum petition on the individual's behalf;
1150 I do not believe, or have reason to believe, that the individual lacked the
1151 mental capacity to give direction or consent;
1152 I do not believe, or have reason to believe, that the individual did not
1153 understand the purpose or nature of my signing the referendum petition on the individual's
1154 behalf;
1155 I did not intentionally or knowingly deceive the individual into directing me to,
1156 or consenting for me to, sign the referendum petition on the individual's behalf; and
1157 I did not intentionally or knowingly enter false information on the signature
1158 sheet;
1159 I did not knowingly make a misrepresentation of fact concerning the law this petition
1160 seeks to overturn;
1161 I believe that each [
1162
1163 has read [
1164 is registered to vote in Utah[
1165 [
1166 signature appears next to [
1167 I have not paid or given anything of value to any individual who signed this referendum
1168 packet to encourage that individual to sign it.
1169 ________________________________________________________________________
1170 (Name) (Residence Address) (Date).
1171 (5) If the forms described in this section are substantially followed, the referendum
1172 petitions are sufficient, notwithstanding clerical and merely technical errors.
1173 (6) An individual's status as a resident, under Subsection (4), is determined in
1174 accordance with Section 20A-2-105.
1175 Section 14. Section 20A-7-308 is amended to read:
1176 20A-7-308. Short title and summary of referendum -- Duties of lieutenant
1177 governor and Office of Legislative Research and General Counsel.
1178 (1) Whenever a referendum petition is declared sufficient for submission to a vote of
1179 the people, the lieutenant governor shall deliver a copy of the referendum petition and the law
1180 to which the referendum relates to the Office of Legislative Research and General Counsel.
1181 (2) (a) The Office of Legislative Research and General Counsel shall:
1182 (i) entitle each statewide referendum that qualifies for the ballot "Proposition Number
1183 __" and assign a number to the referendum in accordance with Section 20A-6-107;
1184 (ii) prepare for each referendum:
1185 (A) an impartial short title, not exceeding 25 words, that generally describes the law to
1186 which the referendum relates; and
1187 (B) an impartial summary of the contents of the law to which the referendum relates,
1188 not exceeding 125 words; and
1189 (iii) submit the short title and summary to the lieutenant governor within 15 days after
1190 the day on which the Office of Legislative Research and General Counsel receives the petition
1191 under Subsection (1).
1192 (b) The short title and summary may be distinct from the title of the law that is the
1193 subject of the referendum.
1194 (c) Subject to Subjection (4), for each statewide referendum, the official ballot shall
1195 show, in the following order:
1196 (i) the number of the referendum, determined in accordance with Section 20A-6-107;
1197 (ii) the short title; and
1198 (iii) except as provided in Subsection (2)(d):
1199 (A) the summary;
1200 (B) a copy of the law; and
1201 (C) a link to a location on the lieutenant governor's website where a voter may review
1202 additional information relating to each referendum, including the information described in
1203 Subsection 20A-7-302(2) and the arguments relating to the referendum that are included in the
1204 voter information pamphlet.
1205 (d) Unless the information described in Subsection (2)(c)(iii) is shown on the official
1206 ballot, the election officer shall include with the ballot a separate ballot proposition insert that
1207 includes the short title and summary for each referendum on the ballot and a link to a location
1208 on the lieutenant governor's website where a voter may review the additional information
1209 described in Subsection (2)(c)(iii)(C).
1210 (e) Unless the information described in Subsection 20A-7-209(2)(d)(iii) for all
1211 initiatives on the ballot, and the information described in Subsection (2)(c)(iii) for all referenda
1212 on the ballot, is printed on the ballot, the ballot shall include the following statement at the
1213 beginning of the portion of the ballot that includes ballot measures, "The ballot proposition
1214 sheet included with this ballot contains an impartial summary of each initiative and referendum
1215 on this ballot, unless the summary is printed directly on the ballot."
1216 (3) Immediately after the Office of Legislative Research and General Counsel submits
1217 the short title and summary to the lieutenant governor, the lieutenant governor shall mail or
1218 email a copy of the short title and summary to any of the sponsors of the referendum petition.
1219 (4) (a) (i) At least three of the sponsors of the referendum petition may, within 15 days
1220 after the day on which the lieutenant governor [
1221 challenge the wording of the short title and summary prepared by the Office of Legislative
1222 Research and General Counsel to the appropriate court.
1223 (ii) After receipt of the appeal, the court shall direct the lieutenant governor to send
1224 notice of the appeal to:
1225 (A) any person or group that has filed an argument for or against the law to which the
1226 referendum relates; and
1227 (B) any political issues committee established under Section 20A-11-801 that has filed
1228 written or electronic notice with the lieutenant governor that identifies the name, mailing or
1229 email address, and telephone number of the person designated to receive notice about any
1230 issues relating to the referendum.
1231 (b) (i) There is a presumption that the short title prepared by the Office of Legislative
1232 Research and General Counsel is an impartial description of the contents of the referendum.
1233 (ii) The court may not revise the wording of the short title unless the plaintiffs rebut the
1234 presumption by clearly and convincingly establishing that the short title is false or biased.
1235 (iii) There is a presumption that the summary prepared by the Office of Legislative
1236 Research and General Counsel is an impartial summary of the contents of the law to which the
1237 referendum relates.
1238 (iv) The court may not revise the wording of the summary unless the plaintiffs rebut
1239 the presumption by clearly and convincingly establishing that the summary is false or biased.
1240 (c) The court shall:
1241 (i) examine the short title and summary;
1242 (ii) hear arguments; and
1243 (iii) enter an order consistent with the requirements of this section.
1244 (d) The lieutenant governor shall, in accordance with the court's order, certify the short
1245 title and summary to the county clerks for inclusion in the ballot or ballot proposition insert, as
1246 required by this section.
1247 Section 15. Section 20A-7-312 is amended to read:
1248 20A-7-312. Misconduct of electors and officers -- Penalty.
1249 (1) It is unlawful for any person to:
1250 (a) sign any name other than the person's own to a referendum petition;
1251 (b) knowingly sign the person's name more than once for the same referendum petition
1252 at one election;
1253 (c) knowingly indicate that a person who signed a referendum petition signed the
1254 referendum petition on a date other than the date that the person signed the petition;
1255 (d) sign a referendum petition knowing the person is not a legal voter; or
1256 (e) knowingly and willfully violate any provision of this part.
1257 (2) It is unlawful for any person to sign the verification for a referendum packet, or to
1258 electronically sign the verification for a signature under Subsection 20A-21-201(9) knowing
1259 that:
1260 (a) the person does not meet the residency requirements of Section 20A-2-105;
1261 (b) the signature date associated with the person's signature for the referendum petition
1262 is not the date that the person signed the referendum petition;
1263 (c) the person has not witnessed the signatures of those persons whose signatures the
1264 person collects or submits; or
1265 (d) one or more individuals who sign the referendum petition are not registered to vote
1266 in Utah.
1267 (3) It is unlawful for any person to:
1268 (a) pay a person to sign a referendum petition;
1269 (b) pay a person to remove the person's signature from a referendum petition;
1270 (c) accept payment to sign a referendum petition; [
1271 (d) accept payment to have the person's name removed from a referendum petition[
1272 or
1273 (e) on behalf of a voter described in Section 20A-7-106, place the initials "AV" or
1274 enter any information on a signature sheet or statement described in Section 20A-7-106, if the
1275 individual:
1276 (i) does not obtain the voluntary direction or consent of the voter;
1277 (ii) believes or has reason to believe that the voter lacks the mental capacity to give the
1278 voter's direction or consent;
1279 (iii) believes or has reason to believe that the voter does not understand the purpose or
1280 nature of the action taken by the individual on behalf of the voter;
1281 (iv) intentionally or knowingly deceives the voter into providing the direction or
1282 consent of the voter; or
1283 (v) intentionally or knowingly enters false information on the signature sheet or
1284 statement.
1285 (4) Any person violating this section is guilty of a class A misdemeanor.
1286 Section 16. Section 20A-7-313 is amended to read:
1287 20A-7-313. Electronic referendum process -- Form of referendum petition --
1288 Circulation requirements -- Signature collection.
1289 (1) This section applies only to the electronic referendum process.
1290 (2) (a) The first screen presented on the approved device shall include the following
1291 statement:
1292 "This REFERENDUM PETITION is addressed to the Honorable ____, Lieutenant
1293 Governor:
1294 The citizens of Utah who sign this petition respectfully order that Senate (or House)
1295 Bill No.____, entitled (title of act, and, if the petition is against less than the whole act, set
1296 forth here the part or parts on which the referendum is sought), passed by the Legislature of the
1297 state of Utah during the ____ Session, be referred to the people of Utah for their approval or
1298 rejection at a regular general election or a statewide special election."
1299 (b) An individual may not advance to the second screen until the individual clicks a
1300 link at the bottom of the first screen stating, "By clicking here, I attest that I have read and
1301 understand the information presented on this screen."
1302 (3) (a) The second screen presented on the approved device shall include the entire text
1303 of the law that is the subject of the referendum petition.
1304 (b) An individual may not advance to the third screen until the individual clicks a link
1305 at the bottom of the second screen stating, "By clicking here, I attest that I have read and
1306 understand the entire text of the law that is the subject of the referendum petition."
1307 (4) (a) The third screen presented on the approved device shall include a statement
1308 indicating whether persons gathering signatures for the referendum petition may be paid for
1309 gathering signatures.
1310 (b) An individual may not advance to the fourth screen until the individual clicks a link
1311 at the bottom of the first screen stating, "By clicking here, I attest that I have read and
1312 understand the information presented on this screen."
1313 (5) The fourth screen presented on the approved device shall include the following
1314 statement, followed by links where the individual may click "yes" or "no":
1315 "I have personally [
1316 device;
1317 I am personally signing this referendum petition;
1318 I am registered to vote in Utah; and
1319 All information I enter on this device, including my residence and post office address, is
1320 accurate.
1321 It is a class A misdemeanor for an individual to sign a referendum petition with a name
1322 other than the individual's own name, or to knowingly sign the individual's name more than
1323 once for the same referendum petition, or to sign a referendum petition when the individual
1324 knows that the individual is not a registered voter.
1325 WARNING
1326 Even if your voter registration record is classified as private, your name, voter
1327 identification number, and date of signature in relation to signing this referendum petition will
1328 be made public.
1329 Do you wish to continue and sign this referendum petition?"
1330 (6) (a) If the individual clicks "no" in response to the question described in Subsection
1331 (5), the next screen shall include the following statement, "Thank you for your time. Please
1332 return this device to the signature-gatherer."
1333 (b) If the individual clicks "yes" in response to the question described in Subsection
1334 (5), the website, or the application that accesses the website, shall take the signature-gatherer
1335 and the individual signing the referendum petition through the signature process described in
1336 Section 20A-21-201.
1337 Section 17. Section 20A-7-314 is amended to read:
1338 20A-7-314. Electronic referendum process -- Obtaining signatures -- Request to
1339 remove signature.
1340 (1) This section applies to the electronic referendum process.
1341 (2) A Utah voter may sign a referendum petition if the voter is a legal voter.
1342 (3) The sponsors shall ensure that the signature-gatherer who collects a signature from
1343 an individual:
1344 (a) verifies that the individual is at least 18 years old and meets the residency
1345 requirements of Section 20A-2-105; and
1346 (b) is informed that each signer is required to read and understand the law that is the
1347 subject of the referendum petition.
1348 (4) A voter who signs a referendum petition may have the voter's signature removed
1349 from the referendum petition by, in accordance with Section 20A-1-1003, submitting to the
1350 county clerk a statement requesting that the voter's signature be removed before 5 p.m. no later
1351 than the earlier of:
1352 (a) 30 days after the day on which the voter signs the statement requesting removal; or
1353 (b) 45 days after the day on which the lieutenant governor posts the voter's name under
1354 Subsection 20A-7-315(4).
1355 [
1356 [
1357 [
1358 [
1359 [
1360 [
1361
1362 [
1363 Subsection (4) by email or other electronic means, unless the lieutenant governor establishes a
1364 signature removal process that is consistent with the requirements of this section and Section
1365 20A-21-201.
1366 [
1367 in accordance with this section.
1368 [
1369 an electronic signature from a referendum petition, in accordance with Subsection
1370 20A-1-1003(3).
1371 Section 18. Section 20A-7-502.5 is amended to read:
1372 20A-7-502.5. Initial fiscal and legal impact statement -- Preparation of statement.
1373 (1) Within three business days after the day on which the local clerk receives an
1374 initiative application, the local clerk shall submit a copy of the initiative application to the
1375 county, city, or town's budget officer.
1376 (2) (a) The budget officer, together with legal counsel, shall prepare an unbiased, good
1377 faith initial fiscal and legal impact statement for the proposed law that contains:
1378 (i) a dollar amount representing the total estimated fiscal impact of the proposed law;
1379 (ii) if the proposed law would increase or decrease taxes, a dollar amount representing
1380 the total estimated increase or decrease for each type of tax affected under the proposed law
1381 and a dollar amount representing the total estimated increase or decrease in taxes under the
1382 proposed law;
1383 (iii) if the proposed law would increase taxes, the tax percentage difference and the tax
1384 percentage increase;
1385 (iv) if the proposed law would result in the issuance or a change in the status of bonds,
1386 notes, or other debt instruments, a dollar amount representing the total estimated increase or
1387 decrease in public debt under the proposed law;
1388 (v) a listing of all sources of funding for the estimated costs associated with the
1389 proposed law showing each source of funding and the percentage of total funding provided
1390 from each source;
1391 (vi) a dollar amount representing the estimated costs or savings, if any, to state and
1392 local government entities under the proposed law;
1393 (vii) the proposed law's legal impact, including:
1394 (A) any significant effects on a person's vested property rights;
1395 (B) any significant effects on other laws or ordinances;
1396 (C) any significant legal liability the city, county, or town may incur; and
1397 (D) any other significant legal impact as determined by the budget officer and the legal
1398 counsel; and
1399 (viii) a concise explanation, not exceeding 100 words, of the information described in
1400 this Subsection (2)(a) and of the estimated fiscal impact, if any, under the proposed law.
1401 (b) (i) If the proposed law is estimated to have no fiscal impact, the local budget officer
1402 shall include a summary statement in the initial fiscal impact and legal statement in
1403 substantially the following form:
1404 "The (title of the local budget officer) estimates that the law proposed by this initiative
1405 would have no significant fiscal impact and would not result in either an increase or decrease in
1406 taxes or debt."
1407 (ii) If the proposed law is estimated to have a fiscal impact, the local budget officer
1408 shall include a summary statement in the initial fiscal impact and legal statement in
1409 substantially the following form:
1410 "The (title of the local budget officer) estimates that the law proposed by this initiative
1411 would result in a total fiscal expense/savings of $______, which includes a (type of tax or
1412 taxes) tax increase/decrease of $______ and a $______ increase/decrease in public debt."
1413 (iii) If the estimated fiscal impact of the proposed law is highly variable or is otherwise
1414 difficult to reasonably express in a summary statement, the local budget officer may include in
1415 the summary statement a brief explanation that identifies those factors affecting the variability
1416 or difficulty of the estimate.
1417 (iv) If the proposed law would increase taxes, the local budget officer shall include a
1418 summary statement in the initial fiscal impact and legal statement in substantially the following
1419 form:
1420 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
1421 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
1422 increase in the current tax rate."
1423 (3) The budget officer shall prepare an unbiased, good faith estimate of the cost of
1424 printing and distributing information related to the initiative petition in the voter information
1425 pamphlet as required by Section 20A-7-402.
1426 (4) Within 20 calendar days after the day on which the local clerk submits a copy of the
1427 proposed law under Subsection (1), the budget officer shall:
1428 (a) [
1429 clerk's office; and
1430 (b) [
1431 sponsors named in the initiative application.
1432 Section 19. Section 20A-7-503 is amended to read:
1433 20A-7-503. Manual initiative process -- Form of initiative petition and signature
1434 sheet.
1435 (1) This section applies only to the manual initiative process.
1436 (2) (a) Each proposed initiative petition shall be printed in substantially the following
1437 form:
1438 "INITIATIVE PETITION To the Honorable ____, County Clerk/City Recorder/Town
1439 Clerk:
1440 We, the undersigned citizens of Utah, respectfully demand that the following proposed
1441 law be submitted to: the legislative body for its approval or rejection at its next meeting; and
1442 the legal voters of the county/city/town, if the legislative body rejects the proposed law or takes
1443 no action on it.
1444 Each signer says:
1445 I have personally signed this initiative petition or, if I am an individual with a
1446 qualifying disability, I have signed this initiative petition by directing the signature gatherer to
1447 enter the initials "AV" as my signature;
1448 The date next to my signature correctly reflects the date that I actually signed the
1449 petition;
1450 I have personally [
1451 I am registered to vote in Utah; and
1452 My residence and post office address are written correctly after my name."
1453 (b) If the initiative proposes a tax increase, the following statement shall appear, in at
1454 least 14-point, bold type, immediately following the information described in Subsection
1455 (2)(a):
1456 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
1457 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
1458 increase in the current tax rate."
1459 (c) The sponsors of an initiative or an agent of the sponsors shall attach a copy of the
1460 proposed law to each initiative petition.
1461 (3) Each initiative signature sheet shall:
1462 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
1463 (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
1464 that line blank for the purpose of binding;
1465 (c) include the title of the initiative printed below the horizontal line, in at least
1466 14-point, bold type;
1467 (d) include a table immediately below the title of the initiative, and beginning .5 inch
1468 from the left side of the paper, as follows:
1469 (i) the first column shall be .5 inch wide and include three rows;
1470 (ii) the first row of the first column shall be .85 inch tall and contain the words "For
1471 Office Use Only" in 10-point type;
1472 (iii) the second row of the first column shall be .35 inch tall;
1473 (iv) the third row of the first column shall be .5 inch tall;
1474 (v) the second column shall be 2.75 inches wide;
1475 (vi) the first row of the second column shall be .35 inch tall and contain the words
1476 "Registered Voter's Printed Name (must be legible to be counted)" in 10-point type;
1477 (vii) the second row of the second column shall be .5 inch tall;
1478 (viii) the third row of the second column shall be .35 inch tall and contain the words
1479 "Street Address, City, Zip Code" in 10-point type;
1480 (ix) the fourth row of the second column shall be .5 inch tall;
1481 (x) the third column shall be 2.75 inches wide;
1482 (xi) the first row of the third column shall be .35 inch tall and contain the words
1483 "Signature of Registered Voter" in 10-point type;
1484 (xii) the second row of the third column shall be .5 inch tall;
1485 (xiii) the third row of the third column shall be .35 inch tall and contain the words
1486 "Email Address (optional, to receive additional information)" in 10-point type;
1487 (xiv) the fourth row of the third column shall be .5 inch tall;
1488 (xv) the fourth column shall be one inch wide;
1489 (xvi) the first row of the fourth column shall be .35 inch tall and contain the words
1490 "Date Signed" in 10-point type;
1491 (xvii) the second row of the fourth column shall be .5 inch tall;
1492 (xviii) the third row of the fourth column shall be .35 inch tall and contain the words
1493 "Birth Date or Age (optional)" in 10-point type;
1494 (xix) the fourth row of the third column shall be .5 inch tall; and
1495 (xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
1496 and contain the following words "By signing this initiative petition, you are stating that you
1497 have read and understand the law proposed by this initiative petition." in 12-point type;
1498 (e) the table described in Subsection (3)(d) shall be repeated, leaving sufficient room at
1499 the bottom of the sheet for the information described in Subsection (3)(f); and
1500 (f) at the bottom of the sheet, include in the following order:
1501 (i) the words "Fiscal and legal impact of" followed by the title of the initiative, in at
1502 least 12-point, bold type;
1503 (ii) the summary statement in the initial fiscal impact and legal statement issued by the
1504 budget officer in accordance with Subsection 20A-7-502.5(2)(b) and the cost estimate for
1505 printing and distributing information related to the initiative petition in accordance with
1506 Subsection 20A-7-502.5(3), in not less than 12-point, bold type;
1507 (iii) if the initiative proposes a tax increase, the following statement in 12-point, bold
1508 type:
1509 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
1510 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
1511 increase in the current tax rate."; and
1512 (iv) the word "Warning," in 12-point, bold type, followed by the following statement in
1513 not less than eight-point type:
1514 "It is a class A misdemeanor for an individual to sign an initiative petition with a name
1515 other than the individual's own name, or to knowingly sign the individual's name more than
1516 once for the same initiative petition, or to sign an initiative petition when the individual knows
1517 that the individual is not a registered voter.
1518 Birth date or age information is not required, but it may be used to verify your identity
1519 with voter registration records. If you choose not to provide it, your signature may not be
1520 verified as a valid signature if you change your address before petition signatures are verified
1521 or if the information you provide does not match your voter registration records."
1522 (4) The final page of each initiative packet shall contain the following printed or typed
1523 statement:
1524 "Verification of signature collector
1525 State of Utah, County of ____
1526 I, _______________, of ____, hereby state, under penalty of perjury, that:
1527 I am a resident of Utah and am at least 18 years old;
1528 All the names that appear in this packet were signed by individuals who professed to be
1529 the individuals whose names appear in it, and each of the individuals signed the individual's
1530 name on it in my presence or, in the case of an individual with a qualifying disability, I have
1531 signed this initiative petition on the individual's behalf, at the direction of the individual and in
1532 the individual's presence, by entering the initials "AV" as the individual's signature;
1533 I certify that, for each individual whose signature is represented in this initiative
1534 packet by the initials "AV":
1535 I obtained the individual's voluntary direction or consent to sign the initiative
1536 petition on the individual's behalf;
1537 I do not believe, or have reason to believe, that the individual lacked the
1538 mental capacity to give direction or consent;
1539 I do not believe, or have reason to believe, that the individual did not
1540 understand the purpose or nature of my signing the initiative petition on the individual's behalf;
1541 I did not intentionally or knowingly deceive the individual into directing me to,
1542 or consenting for me to, sign the initiative petition on the individual's behalf; and
1543 I did not intentionally or knowingly enter false information on the signature
1544 sheet;
1545 I did not knowingly make a misrepresentation of fact concerning the law proposed by
1546 the initiative; and
1547 I believe that each [
1548
1549 has read [
1550 to vote in Utah.
1551 ______________________________________________________________________
1552 (Name)
1553 [
1554 next to [
1555 I have not paid or given anything of value to any individual who signed this petition to
1556 encourage that individual to sign it.
1557 _____________________________________________________________________
1558 (Name)
1559 (5) If the forms described in this section are substantially followed, the initiative
1560 petitions are sufficient, notwithstanding clerical and merely technical errors.
1561 (6) An individual's status as a resident, under Subsection (4), is determined in
1562 accordance with Section 20A-2-105.
1563 Section 20. Section 20A-7-504 is amended to read:
1564 20A-7-504. Manual initiative process -- Circulation requirements -- Local clerk to
1565 provide sponsors with materials.
1566 (1) This section applies only to the manual initiative process.
1567 (2) In order to obtain the necessary number of signatures required by this part, the
1568 sponsors or an agent of the sponsors shall, after the sponsors receive the documents described
1569 in Subsections (3) and 20A-7-401.5(4)(b), circulate initiative packets that meet the form
1570 requirements of this part.
1571 (3) Within five days after the day on which a county, city, town, metro township, or
1572 court determines, in accordance with Section 20A-7-502.7, that a law proposed in an initiative
1573 petition is legally referable to voters, the local clerk shall provide to the sponsors:
1574 (a) a copy of the initiative petition; [
1575 (b) a signature sheet[
1576 (c) a copy of the proposition information pamphlet provided to the sponsors under
1577 Subsection 20A-7-401.5(4)(b).
1578 (4) The sponsors of the initiative shall:
1579 (a) arrange and pay for the printing of all documents that are part of the initiative
1580 packets; and
1581 (b) ensure that the initiative packets and the documents described in Subsection (4)(a)
1582 meet the requirements of this part.
1583 (5) (a) The sponsors or an agent of the sponsors may prepare the initiative packets for
1584 circulation by creating multiple initiative packets.
1585 (b) The sponsors or an agent of the sponsors shall create initiative packets by binding a
1586 copy of the initiative petition with the text of the proposed law and no more than 50 signature
1587 sheets together at the top in a manner that the initiative packets may be conveniently opened for
1588 signing.
1589 (c) An initiative packet is not required to have a uniform number of signature sheets.
1590 (d) The sponsors or an agent of the sponsors shall include, with each initiative packet, a
1591 copy of the proposition information pamphlet provided to the sponsors under Subsection
1592 20A-7-401.5(4)(b).
1593 (6) (a) The sponsors or an agent of the sponsors shall, before gathering signatures:
1594 (i) contact the county clerk to receive a range of numbers that the sponsors may use to
1595 number initiative packets; and
1596 (ii) number each initiative packet, sequentially, within the range of numbers provided
1597 by the county clerk, starting with the lowest number in the range.
1598 (b) The sponsors or an agent of the sponsors may not:
1599 (i) number an initiative packet in a manner not directed by the county clerk; or
1600 (ii) circulate or submit an initiative packet that is not numbered in the manner directed
1601 by the county clerk.
1602 (c) The county clerk shall keep a record of the number range provided under
1603 Subsection (6)(a).
1604 Section 21. Section 20A-7-508 is amended to read:
1605 20A-7-508. Short title and summary of initiative -- Duties of local clerk and local
1606 attorney.
1607 (1) Upon receipt of an initiative petition, the local clerk shall deliver a copy of the
1608 initiative petition and the proposed law to the local attorney.
1609 (2) The local attorney shall:
1610 (a) entitle each county or municipal initiative that has qualified for the ballot
1611 "Proposition Number __" and give it a number as assigned under Section 20A-6-107;
1612 (b) prepare for each initiative:
1613 (i) an impartial short title, not exceeding 25 words, that generally describes the subject
1614 of the initiative; and
1615 (ii) an impartial summary of the contents of the initiative, not exceeding 125 words;
1616 (c) file the proposed short title, summary, and the numbered initiative titles with the
1617 local clerk within 20 days after the day on which an eligible voter submits the initiative petition
1618 to the local clerk; and
1619 (d) promptly provide notice of the filing of the proposed short title and summary to:
1620 (i) the sponsors of the initiative; and
1621 (ii) the local legislative body for the jurisdiction where the initiative petition was
1622 circulated.
1623 (3) (a) The short title and summary may be distinct from the title of the proposed law.
1624 (b) In preparing a short title, the local attorney shall, to the best of the local attorney's
1625 ability, give a true and impartial description of the subject of the initiative.
1626 (c) In preparing a summary, the local attorney shall, to the best of the local attorney's
1627 ability, give a true and impartial summary of the contents of the initiative.
1628 (d) The short title and summary may not intentionally be an argument, or likely to
1629 create prejudice, for or against the initiative.
1630 (e) If the initiative proposes a tax increase, the local attorney shall include the
1631 following statement, in bold, in the summary:
1632 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
1633 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
1634 increase in the current tax rate.".
1635 (4) (a) Within five calendar days after the date the local attorney files a proposed short
1636 title and summary under Subsection (2)(c), the local legislative body for the jurisdiction where
1637 the initiative petition was circulated and the sponsors of the initiative may file written
1638 comments in response to the proposed short title and summary with the local clerk.
1639 (b) Within five calendar days after the last date to submit written comments under
1640 Subsection (4)(a), the local attorney shall:
1641 (i) review any written comments filed in accordance with Subsection (4)(a);
1642 (ii) prepare a final short title and summary that meets the requirements of Subsection
1643 (3); and
1644 (iii) return the initiative petition and file the short title and summary with the local
1645 clerk.
1646 (c) Subject to Subsection (6), for each county or municipal initiative, the following
1647 shall be printed on the official ballot:
1648 (i) the short title; and
1649 (ii) except as provided in Subsection (4)(d):
1650 (A) the summary;
1651 (B) a copy of the proposed law; and
1652 (C) a link to a location on the election officer's website where a voter may review
1653 additional information relating to each initiative, including the information described in
1654 Subsection 20A-7-502(2), the initial fiscal impact and legal statement described in Section
1655 20A-7-502.5, as updated, and the arguments relating to the initiative that are included in the
1656 local voter information pamphlet.
1657 (d) Unless the information described in Subsection (4)(c)(ii) is printed on the official
1658 ballot, the election officer shall include with the ballot a separate ballot proposition insert that
1659 includes the short title and summary for each initiative on the ballot and a link to a location on
1660 the election officer's website where a voter may review the additional information described in
1661 Subsection (4)(c)(ii)(C).
1662 (e) Unless the information described in Subsection (4)(c)(ii) for all initiatives on the
1663 ballot, and the information described in Subsection 20A-7-608(4)(c)(ii) for all referenda on the
1664 ballot, is printed on the ballot, the ballot shall include the following statement at the beginning
1665 of the portion of the ballot that includes ballot measures, "The ballot proposition sheet included
1666 with this ballot contains an impartial summary of each initiative and referendum on this ballot,
1667 unless the summary is printed directly on the ballot."
1668 (5) Immediately after the local attorney files a copy of the short title and summary with
1669 the local clerk, the local clerk shall [
1670
1671 the initiative petition was circulated.
1672 (6) (a) If the short title or summary furnished by the local attorney is unsatisfactory or
1673 does not comply with the requirements of this section, the decision of the local attorney may be
1674 appealed to the appropriate court by:
1675 (i) at least three sponsors of the initiative; or
1676 (ii) a majority of the local legislative body for the jurisdiction where the initiative
1677 petition was circulated.
1678 (b) The court:
1679 (i) shall examine the short title and summary and consider arguments; and
1680 (ii) enter an order consistent with the requirements of this section.
1681 (c) The local clerk shall include the short title and summary in the ballot or ballot
1682 proposition insert, as required by this section.
1683 Section 22. Section 20A-7-512 is amended to read:
1684 20A-7-512. Misconduct of electors and officers -- Penalty.
1685 (1) It is unlawful for any individual to:
1686 (a) sign any name other than the individual's own name to an initiative petition or a
1687 statement described in Subsection 20A-7-505(4) or 20A-7-515(4);
1688 (b) knowingly sign the individual's name more than once for the same initiative at one
1689 election;
1690 (c) knowingly indicate that an individual who signed an initiative petition signed the
1691 initiative petition on a date other than the date that the individual signed the initiative petition;
1692 (d) sign an initiative petition knowing the individual is not a legal voter; or
1693 (e) knowingly and willfully violate any provision of this part.
1694 (2) It is unlawful for an individual to sign the verification for an initiative packet, or to
1695 electronically sign the verification for a signature under Subsection 20A-21-201(9), knowing
1696 that:
1697 (a) the individual does not meet the residency requirements of Section 20A-2-105;
1698 (b) the signature date associated with the individual's signature for the initiative
1699 petition is not the date that the individual signed the initiative petition;
1700 (c) the individual has not witnessed the signatures of the individuals whose signatures
1701 the individual collects or submits; or
1702 (d) one or more individuals who signed the initiative petition are not registered to vote
1703 in Utah.
1704 (3) It is unlawful for an individual to:
1705 (a) pay an individual to sign an initiative petition;
1706 (b) pay an individual to remove the individual's signature from an initiative petition;
1707 (c) accept payment to sign an initiative petition; [
1708 (d) accept payment to have the individual's name removed from an initiative petition[
1709 or
1710 (e) on behalf of a voter described in Section 20A-7-106, place the initials "AV" or
1711 enter any information on a signature sheet or statement described in Section 20A-7-106, if the
1712 individual:
1713 (i) does not obtain the voluntary direction or consent of the voter;
1714 (ii) believes or has reason to believe that the voter lacks the mental capacity to give the
1715 voter's direction or consent;
1716 (iii) believes or has reason to believe that the voter does not understand the purpose or
1717 nature of the action taken by the individual on behalf of the voter;
1718 (iv) intentionally or knowingly deceives the voter into providing the direction or
1719 consent of the voter; or
1720 (v) intentionally or knowingly enters false information on the signature sheet or
1721 statement.
1722 (4) A violation of this section is a class A misdemeanor.
1723 Section 23. Section 20A-7-514 is amended to read:
1724 20A-7-514. Electronic initiative process -- Form of initiative petition --
1725 Circulation requirements -- Signature collection.
1726 (1) This section applies only to the electronic initiative process.
1727 (2) (a) The first screen presented on the approved device shall include the following
1728 statement:
1729 "This INITIATIVE PETITION is addressed to the Honorable ____, County Clerk/City
1730 Recorder/Town Clerk:
1731 The citizens of Utah who sign this petition respectfully demand that the following
1732 proposed law be submitted to: the legislative body for its approval or rejection at its next
1733 meeting; and the legal voters of the county/city/town, if the legislative body rejects the
1734 proposed law or takes no action on it."
1735 (b) An individual may not advance to the second screen until the individual clicks a
1736 link at the bottom of the first screen stating, "By clicking here, I attest that I have read and
1737 understand the information presented on this screen."
1738 (3) (a) The second screen presented on the approved device shall include the title of
1739 proposed law, described in Subsection 20A-7-502(2)(d)(i), followed by the entire text of the
1740 proposed law.
1741 (b) An individual may not advance to the third screen until the individual clicks a link
1742 at the bottom of the second screen stating, "By clicking here, I attest that I have read and
1743 understand the entire text of the proposed law."
1744 (4) Subsequent screens shall be presented on the device in the following order, with the
1745 individual viewing the device being required, before advancing to the next screen, to click a
1746 link at the bottom of the screen with the following statement, "By clicking here, I attest that I
1747 have read and understand the information presented on this screen.":
1748 (a) (i) if the initiative proposes a tax increase, the following statement, "This initiative
1749 seeks to increase the current (insert name of tax) rate by (insert the tax percentage difference)
1750 percent, resulting in a(n) (insert the tax percentage increase) percent increase in the current tax
1751 rate."; or
1752 (ii) if the initiative does not propose a tax increase, the following statement, "This
1753 initiative does not propose a tax increase.";
1754 (b) the summary statement from the initial fiscal impact and legal statement issued by
1755 the budget officer in accordance with Subsection 20A-7-502.5(2)(b) and the cost estimate for
1756 printing and distributing information related to the initiative petition in accordance with
1757 Subsection 20A-7-502.5(3);
1758 (c) a statement indicating whether persons gathering signatures for the initiative
1759 petition may be paid for gathering signatures; and
1760 (d) the following statement, followed by links where the individual may click "yes" or
1761 "no":
1762 "I have personally [
1763 device;
1764 I am personally signing this petition;
1765 I am registered to vote in Utah; and
1766 All information I enter on this device, including my residence and post office address, is
1767 accurate.
1768 It is a class A misdemeanor for an individual to sign an initiative petition with a name
1769 other than the individual's own name, or to knowingly sign the individual's name more than
1770 once for the same initiative petition, or to sign an initiative petition when the individual knows
1771 that the individual is not a registered voter.
1772 WARNING
1773 Even if your voter registration record is classified as private, your name, voter
1774 identification number, and date of signature in relation to signing this initiative petition will be
1775 made public.
1776 Do you wish to continue and sign this initiative petition?"
1777 (5) (a) If the individual clicks "no" in response to the question described in Subsection
1778 (4)(d), the next screen shall include the following statement, "Thank you for your time. Please
1779 return this device to the signature-gatherer."
1780 (b) If the individual clicks "yes" in response to the question described in Subsection
1781 (4)(d), the website, or the application that accesses the website, shall take the signature-gatherer
1782 and the individual signing the petition through the signature process described in Section
1783 20A-21-201.
1784 Section 24. Section 20A-7-515 is amended to read:
1785 20A-7-515. Electronic initiative process -- Obtaining signatures -- Request to
1786 remove signature.
1787 (1) This section applies to the electronic initiative process.
1788 (2) A Utah voter may sign a local initiative petition if the voter is a legal voter and
1789 resides in the local jurisdiction.
1790 (3) The sponsors shall ensure that the signature-gatherer who collects a signature from
1791 an individual:
1792 (a) verifies that the individual is at least 18 years old and meets the residency
1793 requirements of Section 20A-2-105; and
1794 (b) is informed that each signer is required to read and understand the law proposed by
1795 the initiative.
1796 (4) (a) A voter who signs an initiative petition may have the voter's signature removed
1797 from the initiative petition by, in accordance with Section 20A-1-1003, submitting to the
1798 county clerk a statement requesting that the voter's signature be removed before 5 p.m. no later
1799 than the earlier of:
1800 (i) 30 days after the day on which the voter signs the signature removal statement;
1801 (ii) 90 days after the day on which the local clerk posts the voter's name under
1802 Subsection 20A-7-516(4);
1803 (iii) 316 days after the day on which the initiative application is filed; or
1804 (iv) (A) for a county initiative, April 15 immediately before the next regular general
1805 election immediately after the initiative application is filed under Section 20A-7-502; or
1806 (B) for a municipal initiative, April 15 immediately before the next municipal general
1807 election immediately after the initiative application is filed under Section 20A-7-502.
1808 [
1809 [
1810 [
1811 [
1812 [
1813 [
1814
1815 [
1816 (4)(a) by email or other electronic means, unless the lieutenant governor establishes a signature
1817 removal process that is consistent with the requirements of this section and Section
1818 20A-21-201.
1819 [
1820 in accordance with this section.
1821 [
1822 an electronic signature from an initiative petition, in accordance with Subsection
1823 20A-1-1003(3).
1824 Section 25. Section 20A-7-602.5 is amended to read:
1825 20A-7-602.5. Initial fiscal and legal impact statement -- Preparation of statement.
1826 (1) Within three business days after the day on which the local clerk receives a
1827 referendum application, the local clerk shall submit a copy of the referendum application to the
1828 county, city, or town's budget officer.
1829 (2) (a) The budget officer, together with legal counsel, shall prepare an unbiased, good
1830 faith initial fiscal and legal impact statement for repealing the law the referendum proposes to
1831 repeal that contains:
1832 (i) a dollar amount representing the total estimated fiscal impact of repealing the law;
1833 (ii) if repealing the law would increase or decrease taxes, a dollar amount representing
1834 the total estimated increase or decrease for each type of tax that would be impacted by the law's
1835 repeal and a dollar amount representing the total estimated increase or decrease in taxes that
1836 would result from the law's repeal;
1837 (iii) if repealing the law would result in the issuance or a change in the status of bonds,
1838 notes, or other debt instruments, a dollar amount representing the total estimated increase or
1839 decrease in public debt that would result;
1840 (iv) a listing of all sources of funding for the estimated costs that would be associated
1841 with the law's repeal, showing each source of funding and the percentage of total funding that
1842 would be provided from each source;
1843 (v) a dollar amount representing the estimated costs or savings, if any, to state and
1844 local government entities if the law were repealed;
1845 (vi) the legal impacts that would result from repealing the law, including:
1846 (A) any significant effects on a person's vested property rights;
1847 (B) any significant effects on other laws or ordinances;
1848 (C) any significant legal liability the city, county, or town may incur; and
1849 (D) any other significant legal impact as determined by the budget officer and the legal
1850 counsel; and
1851 (vii) a concise explanation, not exceeding 100 words, of the information described in
1852 this Subsection (2)(a) and of the estimated fiscal impact, if any, if the law were repealed.
1853 (b) (i) If repealing the law would have no fiscal impact, the local budget officer shall
1854 include a summary statement in the initial fiscal impact and legal statement in substantially the
1855 following form:
1856 "The (title of the local budget officer) estimates that repealing the law this referendum
1857 proposes to repeal would have no significant fiscal impact and would not result in either an
1858 increase or decrease in taxes or debt."
1859 (ii) If repealing the law is estimated to have a fiscal impact, the local budget officer
1860 shall include a summary statement in the initial fiscal and legal impact statement describing the
1861 fiscal impact.
1862 (iii) If the estimated fiscal impact of repealing the law is highly variable or is otherwise
1863 difficult to reasonably express in a summary statement, the local budget officer may include in
1864 the summary statement a brief explanation that identifies those factors impacting the variability
1865 or difficulty of the estimate.
1866 (3) Within 20 calendar days after the day on which the local clerk submits a copy of the
1867 application under Subsection (1), the budget officer shall:
1868 (a) [
1869 clerk's office; and
1870 (b) [
1871 sponsors named in the referendum application.
1872 Section 26. Section 20A-7-603 is amended to read:
1873 20A-7-603. Manual referendum process -- Form of referendum petition and
1874 signature sheet.
1875 (1) This section applies only to the manual referendum process.
1876 (2) (a) Each proposed referendum petition shall be printed in substantially the
1877 following form:
1878 "REFERENDUM PETITION To the Honorable ____, County Clerk/City
1879 Recorder/Town Clerk:
1880 We, the undersigned citizens of Utah, respectfully order that (description of local law or
1881 portion of local law being challenged), passed by the ____ be referred to the voters for their
1882 approval or rejection at the regular/municipal general election to be held on
1883 __________(month\day\year);
1884 Each signer says:
1885 I have personally signed this referendum petition or, if I am an individual with a
1886 qualifying disability, I have signed this referendum petition by directing the signature gatherer
1887 to enter the initials "AV" as my signature;
1888 The date next to my signature correctly reflects the date that I actually signed the
1889 petition;
1890 I have personally [
1891 I am registered to vote in Utah; and
1892 My residence and post office address are written correctly after my name."
1893 (b) The sponsors of a referendum or an agent of the sponsors shall attach a copy of the
1894 law that is the subject of the referendum to each referendum petition.
1895 (3) Each referendum signature sheet shall:
1896 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
1897 (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
1898 that line blank for the purpose of binding;
1899 (c) include the title of the referendum printed below the horizontal line, in at least
1900 14-point type;
1901 (d) include a table immediately below the title of the referendum, and beginning .5 inch
1902 from the left side of the paper, as follows:
1903 (i) the first column shall be .5 inch wide and include three rows;
1904 (ii) the first row of the first column shall be .85 inch tall and contain the words "For
1905 Office Use Only" in 10-point type;
1906 (iii) the second row of the first column shall be .35 inch tall;
1907 (iv) the third row of the first column shall be .5 inch tall;
1908 (v) the second column shall be 2.75 inches wide;
1909 (vi) the first row of the second column shall be .35 inch tall and contain the words
1910 "Registered Voter's Printed Name (must be legible to be counted)" in 10-point type;
1911 (vii) the second row of the second column shall be .5 inch tall;
1912 (viii) the third row of the second column shall be .35 inch tall and contain the words
1913 "Street Address, City, Zip Code" in 10-point type;
1914 (ix) the fourth row of the second column shall be .5 inch tall;
1915 (x) the third column shall be 2.75 inches wide;
1916 (xi) the first row of the third column shall be .35 inch tall and contain the words
1917 "Signature of Registered Voter" in 10-point type;
1918 (xii) the second row of the third column shall be .5 inch tall;
1919 (xiii) the third row of the third column shall be .35 inch tall and contain the words
1920 "Email Address (optional, to receive additional information)" in 10-point type;
1921 (xiv) the fourth row of the third column shall be .5 inch tall;
1922 (xv) the fourth column shall be one inch wide;
1923 (xvi) the first row of the fourth column shall be .35 inch tall and contain the words
1924 "Date Signed" in 10-point type;
1925 (xvii) the second row of the fourth column shall be .5 inch tall;
1926 (xviii) the third row of the fourth column shall be .35 inch tall and contain the words
1927 "Birth Date or Age (optional)" in 10-point type;
1928 (xix) the fourth row of the third column shall be .5 inch tall; and
1929 (xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
1930 and contain the following words, "By signing this referendum petition, you are stating that you
1931 have read and understand the law that this referendum petition seeks to overturn." in 12-point
1932 type;
1933 (e) the table described in Subsection (3)(d) shall be repeated, leaving sufficient room at
1934 the bottom of the sheet or the information described in Subsection (3)(f); and
1935 (f) at the bottom of the sheet, include the word "Warning," in 12-point, bold type,
1936 followed by the following statement in not less than eight-point type:
1937 "It is a class A misdemeanor for an individual to sign a referendum petition with a name
1938 other than the individual's own name, or to knowingly sign the individual's name more than
1939 once for the same referendum petition, or to sign a referendum petition when the individual
1940 knows that the individual is not a registered voter.
1941 Birth date or age information is not required, but it may be used to verify your identity
1942 with voter registration records. If you choose not to provide it, your signature may not be
1943 verified as a valid signature if you change your address before petition signatures are verified
1944 or if the information you provide does not match your voter registration records."
1945 (4) The final page of each referendum packet shall contain the following printed or
1946 typed statement:
1947 "Verification of signature collector
1948 State of Utah, County of ____
1949 I, _______________, of ____, hereby state, under penalty of perjury, that:
1950 I am a resident of Utah and am at least 18 years old;
1951 All the names that appear in this packet were signed by individuals who professed to be
1952 the individuals whose names appear in it, and each of the individuals signed the individual's
1953 name on it in my presence or, in the case of an individual with a qualifying disability, I have
1954 signed this referendum petition on the individual's behalf, at the direction of the individual and
1955 in the individual's presence, by entering the initials "AV" as the individual's signature;
1956 I certify that, for each individual whose signature is represented in this referendum
1957 packet by the initials "AV":
1958 I obtained the individual's voluntary direction or consent to sign the
1959 referendum petition on the individual's behalf;
1960 I do not believe, or have reason to believe, that the individual lacked the
1961 mental capacity to give direction or consent;
1962 I do not believe, or have reason to believe, that the individual did not
1963 understand the purpose or nature of my signing the referendum petition on the individual's
1964 behalf;
1965 I did not intentionally or knowingly deceive the individual into directing me to,
1966 or consenting for me to, sign the referendum petition on the individual's behalf; and
1967 I did not intentionally or knowingly enter false information on the signature
1968 sheet;
1969 I did not knowingly make a misrepresentation of fact concerning the law this petition
1970 seeks to overturn; and
1971 I believe that each [
1972
1973 has read [
1974 is registered to vote in Utah.
1975 ________________________________________________________________________
1976 (Name)
1977 [
1978 appears next to [
1979 I have not paid or given anything of value to any individual who signed this referendum
1980 packet to encourage that individual to sign it.
1981 _____________________________________________________________________
1982 (Name)
1983 (5) If the forms described in this section are substantially followed, the referendum
1984 petitions are sufficient, notwithstanding clerical and merely technical errors.
1985 (6) An individual's status as a resident, under Subsection (4), is determined in
1986 accordance with Section 20A-2-105.
1987 Section 27. Section 20A-7-604 is amended to read:
1988 20A-7-604. Manual referendum process -- Circulation requirements -- Local
1989 clerk to provide sponsors with materials.
1990 (1) This section applies only to the manual referendum process.
1991 (2) In order to obtain the necessary number of signatures required by this part, the
1992 sponsors or an agent of the sponsors shall, after the sponsors receive the documents described
1993 in Subsections (3) and 20A-7-401.5(4)(b), circulate referendum packets that meet the form
1994 requirements of this part.
1995 (3) Within five days after the day on which a county, city, town, metro township, or
1996 court determines, in accordance with Section 20A-7-602.7, that a proposed referendum is
1997 legally referable to voters, the local clerk shall provide the sponsors with:
1998 [
1999 (a) a copy of the referendum petition;
2000 (b) a signature sheet; and
2001 (c) a copy of the proposition information pamphlet provided to the sponsors under
2002 Subsection 20A-7-401.5(4)(b).
2003 (4) The sponsors of the referendum petition shall:
2004 (a) arrange and pay for the printing of all documents that are part of the referendum
2005 packets; and
2006 (b) ensure that the referendum packets and the documents described in Subsection
2007 (4)(a) meet the form requirements of this section.
2008 (5) (a) The sponsors or an agent of the sponsors may prepare the referendum packets
2009 for circulation by creating multiple referendum packets.
2010 (b) The sponsors or an agent of the sponsors shall create referendum packets by
2011 binding a copy of the referendum petition with the text of the law that is the subject of the
2012 referendum and no more than 50 signature sheets together at the top in a manner that the
2013 referendum packets may be conveniently opened for signing.
2014 (c) A referendum packet is not required to have a uniform number of signature sheets.
2015 (d) The sponsors or an agent of the sponsors shall include, with each packet, a copy of
2016 the proposition information pamphlet provided to the sponsors under Subsection
2017 20A-7-401.5(4)(b).
2018 (6) (a) The sponsors or an agent of the sponsors shall, before gathering signatures:
2019 (i) contact the county clerk to receive a range of numbers that the sponsors may use to
2020 number referendum packets;
2021 (ii) sign an agreement with the local clerk, specifying the range of numbers that the
2022 sponsor will use to number the referendum packets; and
2023 (iii) number each referendum packet, sequentially, within the range of numbers
2024 provided by the county clerk, starting with the lowest number in the range.
2025 (b) The sponsors or an agent of the sponsors may not:
2026 (i) number a referendum packet in a manner not directed by the county clerk; or
2027 (ii) circulate or submit a referendum packet that is not numbered in the manner
2028 directed by the county clerk.
2029 Section 28. Section 20A-7-608 is amended to read:
2030 20A-7-608. Short title and summary of referendum -- Duties of local clerk and
2031 local attorney.
2032 (1) Upon receipt of a referendum petition, the local clerk shall deliver a copy of the
2033 referendum petition and the law to which the referendum relates to the local attorney.
2034 (2) The local attorney shall:
2035 (a) entitle each county or municipal referendum that qualifies for the ballot
2036 "Proposition Number __" and give the referendum a number assigned in accordance with
2037 Section 20A-6-107;
2038 (b) prepare for the referendum:
2039 (i) an impartial short title, not exceeding 25 words, that generally describes the subject
2040 of the law to which the referendum relates; and
2041 (ii) an impartial summary of the contents of the law to which the referendum relates,
2042 not exceeding 125 words;
2043 (c) file the proposed short title, summary, and the numbered referendum title with the
2044 local clerk within 20 days after the day on which an eligible voter submits the referendum
2045 petition to the local clerk; and
2046 (d) promptly provide notice of the filing of the proposed short title and summary to:
2047 (i) the sponsors of the petition; and
2048 (ii) the local legislative body for the jurisdiction where the referendum petition was
2049 circulated.
2050 (3) (a) The short title and summary may be distinct from the title of the law that is the
2051 subject of the referendum petition.
2052 (b) In preparing a short title, the local attorney shall, to the best of the local attorney's
2053 ability, give a true and impartial description of the subject of the referendum.
2054 (c) In preparing a summary, the local attorney shall, to the best of the local attorney's
2055 ability, give a true and impartial summary of the contents of the referendum.
2056 (d) The short title and summary may not intentionally be an argument, or likely to
2057 create prejudice, for or against the referendum.
2058 (4) (a) Within five calendar days after the day on which the local attorney files a
2059 proposed short title and summary under Subsection (2)(c), the local legislative body for the
2060 jurisdiction where the referendum petition was circulated and the sponsors of the referendum
2061 petition may file written comments in response to the proposed short title and summary with
2062 the local clerk.
2063 (b) Within five calendar days after the last date to submit written comments under
2064 Subsection (4)(a), the local attorney shall:
2065 (i) review any written comments filed in accordance with Subsection (4)(a);
2066 (ii) prepare a final short title and summary that meets the requirements of Subsection
2067 (3); and
2068 (iii) return the referendum petition and file the short title and summary with the local
2069 clerk.
2070 (c) Subject to Subsection (6), for each county or municipal referendum, the following
2071 shall be printed on the official ballot:
2072 (i) the short title; and
2073 (ii) except as provided in Subsection (4)(d):
2074 (A) the summary;
2075 (B) a copy of the ordinance, resolution, or written description of the local law; and
2076 (C) a link to a location on the election officer's website where a voter may review
2077 additional information relating to each referendum, including the information described in
2078 Subsection 20A-7-602(2) and the arguments relating to the referendum that are included in the
2079 local voter information pamphlet.
2080 (d) Unless the information described in Subsection (4)(c)(ii) is printed on the official
2081 ballot, the election officer shall include with the ballot a separate ballot proposition insert that
2082 includes the short title and summary for each referendum on the ballot and a link to a location
2083 on the election officer's website where a voter may review the additional information described
2084 in Subsection (4)(c)(ii)(C).
2085 (e) Unless the information described in Subsection 20A-7-508(4)(c)(ii) for all
2086 initiatives on the ballot, and the information described in Subsection (4)(c)(ii) for all referenda
2087 on the ballot, is printed on the ballot, the ballot shall include the following statement at the
2088 beginning of the portion of the ballot that includes ballot measures, "The ballot proposition
2089 sheet included with this ballot contains an impartial summary of each initiative and referendum
2090 on this ballot, unless the summary is printed directly on the ballot."
2091 (5) Immediately after the local attorney files a copy of the short title and summary with
2092 the local clerk, the local clerk shall [
2093
2094 jurisdiction where the referendum petition was circulated.
2095 (6) (a) If the short title or summary provided by the local attorney is unsatisfactory or
2096 does not comply with the requirements of this section, the decision of the local attorney may be
2097 appealed to the appropriate court by:
2098 (i) at least three sponsors of the referendum petition; or
2099 (ii) a majority of the local legislative body for the jurisdiction where the referendum
2100 petition was circulated.
2101 (b) The court:
2102 (i) shall examine the short title and summary and consider the arguments; and
2103 (ii) enter an order consistent with the requirements of this section.
2104 (c) The local clerk shall include the short title and summary in the ballot or ballot
2105 proposition insert, as required by this section.
2106 Section 29. Section 20A-7-612 is amended to read:
2107 20A-7-612. Misconduct of electors and officers -- Penalty.
2108 (1) It is unlawful for an individual to:
2109 (a) sign a name other than the individual's own name to any referendum petition;
2110 (b) knowingly sign the individual's name more than once for the same referendum at
2111 one election;
2112 (c) knowingly indicate that an individual who signed a referendum petition signed the
2113 referendum petition on a date other than the date that the individual signed the referendum
2114 petition;
2115 (d) sign a referendum petition knowing that the individual is not a legal voter;
2116 (e) in connection with circulating a referendum petition, represent that a document is
2117 an official government document if the individual knows or has reason to know that the
2118 document is not an official government document; or
2119 (f) knowingly and willfully violate any provision of this part.
2120 (2) It is unlawful for an individual to sign the verification for a referendum packet, or
2121 to electronically sign the verification for a signature under Subsection 20A-21-201(9), knowing
2122 that:
2123 (a) the individual does not meet the residency requirements of Section 20A-2-105;
2124 (b) the signature date associated with the individual's signature for the referendum
2125 petition is not the date that the individual signed the referendum petition;
2126 (c) the individual has not witnessed the signatures the individual collects or submits; or
2127 (d) one or more individuals whose signatures appear in the referendum packet is not
2128 registered to vote in Utah.
2129 (3) It is unlawful for an individual to:
2130 (a) pay an individual to sign a referendum petition;
2131 (b) pay an individual to remove the individual's signature from a referendum petition;
2132 (c) accept payment to sign a referendum petition; [
2133 (d) accept payment to have the individual's name removed from a referendum
2134 petition[
2135 (e) on behalf of a voter described in Section 20A-7-106, place the initials "AV" or
2136 enter any information on a signature sheet or statement described in Section 20A-7-106, if the
2137 individual:
2138 (i) does not obtain the voluntary direction or consent of the voter;
2139 (ii) believes or has reason to believe that the voter lacks the mental capacity to give the
2140 voter's direction or consent;
2141 (iii) believes or has reason to believe that the voter does not understand the purpose or
2142 nature of the action taken by the individual on behalf of the voter;
2143 (iv) intentionally or knowingly deceives the voter into providing the direction or
2144 consent of the voter; or
2145 (v) intentionally or knowingly enters false information on the signature sheet or
2146 statement.
2147 (4) A violation of this section is a class A misdemeanor.
2148 (5) The county attorney or municipal attorney shall prosecute any violation of this
2149 section.
2150 Section 30. Section 20A-7-614 is amended to read:
2151 20A-7-614. Electronic referendum process -- Form of referendum petition --
2152 Circulation requirements -- Signature collection.
2153 (1) This section applies only to the electronic referendum process.
2154 (2) (a) The first screen presented on the approved device shall include the following
2155 statement:
2156 "This REFERENDUM PETITION is addressed to the Honorable ____, County
2157 Clerk/City Recorder/Town Clerk:
2158 The citizens of Utah who sign this petition respectfully order that (description of local
2159 law or portion of local law being challenged), passed by the ____ be referred to the voters for
2160 their approval or rejection at the regular/municipal general election to be held on
2161 __________(month\day\year)."
2162 (b) An individual may not advance to the second screen until the individual clicks a
2163 link at the bottom of the first screen stating, "By clicking here, I attest that I have read and
2164 understand the information presented on this screen."
2165 (3) (a) The second screen presented on the approved device shall include the entire text
2166 of the law that is the subject of the referendum petition.
2167 (b) An individual may not advance to the third screen until the individual clicks a link
2168 at the bottom of the second screen stating, "By clicking here, I attest that I have read and
2169 understand the entire text of the law that is the subject of the referendum petition."
2170 (4) (a) The third screen presented on the approved device shall include a statement
2171 indicating whether persons gathering signatures for the referendum petition may be paid for
2172 gathering signatures.
2173 (b) An individual may not advance to the fourth screen until the individual clicks a link
2174 at the bottom of the third screen stating, "By clicking here, I attest that I have read and
2175 understand the information presented on this screen."
2176 (5) The fourth screen presented on the approved device shall include the following
2177 statement, followed by links where the individual may click "yes" or "no":
2178 "I have personally [
2179 device;
2180 I am personally signing this referendum petition;
2181 I am registered to vote in Utah; and
2182 All information I enter on this device, including my residence and post office address, is
2183 accurate.
2184 It is a class A misdemeanor for an individual to sign a referendum petition with a name
2185 other than the individual's own name, or to knowingly sign the individual's name more than
2186 once for the same referendum petition, or to sign a referendum petition when the individual
2187 knows that the individual is not a registered voter.
2188 Do you wish to continue and sign this referendum petition?"
2189 (6) (a) If the individual clicks "no" in response to the question described in Subsection
2190 (5), the next screen shall include the following statement, "Thank you for your time. Please
2191 return this device to the signature-gatherer."
2192 (b) If the individual clicks "yes" in response to the question described in Subsection
2193 (5), the website, or the application that accesses the website, shall take the signature-gatherer
2194 and the individual signing the referendum petition through the signature process described in
2195 Section 20A-21-201.
2196 Section 31. Section 20A-7-615 is amended to read:
2197 20A-7-615. Electronic referendum process -- Obtaining signatures -- Request to
2198 remove signature.
2199 (1) This section applies to the electronic referendum process described in Section
2200 20A-21-201.
2201 (2) A Utah voter may sign a local referendum petition if the voter is a legal voter and
2202 resides in the local jurisdiction.
2203 (3) The sponsors shall ensure that the signature-gatherer who collects a signature from
2204 an individual:
2205 (a) verifies that the individual is at least 18 years old and meets the residency
2206 requirements of Section 20A-2-105; and
2207 (b) is informed that each signer is required to read and understand the law that is the
2208 subject of the referendum petition.
2209 (4) (a) A voter who signs a referendum petition may have the voter's signature removed
2210 from the referendum petition by, in accordance with Section 20A-1-1003, submitting to the
2211 county clerk a statement requesting that the voter's signature be removed before 5 p.m. no later
2212 than the earlier of:
2213 (i) 30 days after the day on which the voter signs the statement requesting removal; or
2214 (ii) 45 days after the day on which the local clerk posts the voter's name under
2215 Subsection 20A-7-616(3).
2216 [
2217 [
2218 [
2219 [
2220 [
2221 [
2222
2223 [
2224 (4)(a) by email or other electronic means, unless the lieutenant governor establishes a signature
2225 removal process that is consistent with the requirements of this section and Section
2226 20A-21-201.
2227 [
2228 in accordance with this section.
2229 [
2230 an electronic signature from a referendum petition, in accordance with Subsection
2231 20A-1-1003(3).
2232 Section 32. Effective date.
2233 This bill takes effect on May 1, 2024.