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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to petitions.
10 Highlighted Provisions:
11 This bill:
12 ▸ repeals the in-state residency requirement for individuals who collect petition
13 signatures;
14 ▸ repeals provisions related to the in-state residency requirement described above;
15 ▸ establishes the deadline by which a candidate for public office who is not affiliated
16 with a political party must submit signatures to the county clerk for verification;
17 ▸ establishes a deadline for the county clerk to count and certify the number of
18 registered voters who signed a signature packet;
19 ▸ expands the time period within which a candidate described above may file the
20 certificate of nomination with a filing officer; and
21 ▸ makes technical and conforming changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 This bill provides a special effective date.
26 Utah Code Sections Affected:
27 AMENDS:
28 20A-7-105, as enacted by Laws of Utah 2023, Chapter 116
29 20A-7-203, as last amended by Laws of Utah 2023, Chapter 107
30 20A-7-213, as last amended by Laws of Utah 2023, Chapters 107, 116
31 20A-7-303, as last amended by Laws of Utah 2023, Chapter 107
32 20A-7-312, as last amended by Laws of Utah 2023, Chapter 107
33 20A-7-503, as last amended by Laws of Utah 2023, Chapter 107
34 20A-7-512, as last amended by Laws of Utah 2023, Chapter 107
35 20A-7-603, as last amended by Laws of Utah 2023, Chapter 107
36 20A-7-612, as last amended by Laws of Utah 2023, Chapter 107
37 20A-9-502, as last amended by Laws of Utah 2023, Chapter 116
38 20A-9-503, as last amended by Laws of Utah 2023, Chapter 15
39 20A-9-504, as last amended by Laws of Utah 2019, Chapter 255
40 20A-21-201, as last amended by Laws of Utah 2023, Chapter 116
41
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 20A-7-105 is amended to read:
44 20A-7-105. Manual petition processes -- Obtaining signatures -- Verification --
45 Submitting the petition -- Certification of signatures -- Transfer to lieutenant governor --
46 Removal of signature.
47 (1) This section applies only to the manual initiative process and the manual
48 referendum process.
49 (2) As used in this section:
50 (a) "Local petition" means:
51 (i) a manual local initiative petition described in Part 5, Local Initiatives - Procedures;
52 or
53 (ii) a manual local referendum petition described in Part 6, Local Referenda -
54 Procedures.
55 (b) "Packet" means an initiative packet or referendum packet.
56 (c) "Petition" means a local petition or statewide petition.
57 (d) "Statewide petition" means:
58 (i) a manual statewide initiative petition described in Part 2, Statewide Initiatives; or
59 (ii) a manual statewide referendum petition described in Part 3, Statewide Referenda.
60 (3) (a) A Utah voter may sign a statewide petition if the voter is a legal voter.
61 (b) A Utah voter may sign a local petition if the voter:
62 (i) is a legal voter; and
63 (ii) resides in the local jurisdiction.
64 (4) (a) The sponsors shall ensure that the individual in whose presence each signature
65 sheet was signed:
66 (i) is at least 18 years old [
67
68 (ii) verifies each signature sheet by completing the verification printed on the last page
69 of each packet; and
70 (iii) is informed that each signer is required to read and understand:
71 (A) for an initiative petition, the law proposed by the initiative; or
72 (B) for a referendum petition, the law that the referendum seeks to overturn.
73 (b) An individual may not sign the verification printed on the last page of a packet if
74 the individual signed a signature sheet in the packet.
75 (5) (a) The sponsors, or an agent of the sponsors, shall submit a signed and verified
76 packet to the county clerk of the county in which the packet was circulated before 5 p.m. no
77 later than the earlier of:
78 (i) for a statewide initiative:
79 (A) 30 days after the day on which the first individual signs the initiative packet;
80 (B) 316 days after the day on which the application for the initiative petition is filed; or
81 (C) the February 15 immediately before the next regular general election immediately
82 after the application is filed under Section 20A-7-202;
83 (ii) for a statewide referendum:
84 (A) 30 days after the day on which the first individual signs the referendum packet; or
85 (B) 40 days after the day on which the legislative session at which the law passed ends;
86 (iii) for a local initiative:
87 (A) 30 days after the day on which the first individual signs the initiative packet;
88 (B) 316 days after the day on which the application is filed;
89 (C) the April 15 immediately before the next regular general election immediately after
90 the application is filed under Section 20A-7-502, if the local initiative is a county initiative; or
91 (D) the April 15 immediately before the next municipal general election immediately
92 after the application is filed under Section 20A-7-502, if the local initiative is a municipal
93 initiative; or
94 (iv) for a local referendum:
95 (A) 30 days after the day on which the first individual signs the referendum packet; or
96 (B) 45 days after the day on which the sponsors receive the items described in
97 Subsection 20A-7-604(3) from the local clerk.
98 (b) A person may not submit a packet after the applicable deadline described in
99 Subsection (5)(a).
100 (c) Before delivering an initiative packet to the county clerk under this Subsection (5),
101 the sponsors shall send an email to each individual who provides a legible, valid email address
102 on the signature sheet that includes the following:
103 (i) the subject of the email shall include the following statement, "Notice Regarding
104 Your Petition Signature"; and
105 (ii) the body of the email shall include the following statement in 12-point type:
106 "You signed a petition for the following initiative:
107 [insert title of initiative]
108 To access a copy of the initiative petition, the initiative, the fiscal impact statement, and
109 information on the deadline for removing your signature from the petition, please visit the
110 following link: [insert a uniform resource locator that takes the individual directly to the page
111 on the lieutenant governor's or county clerk's website that includes the information referred to
112 in the email]."
113 (d) When the sponsors submit the last initiative packet to the county clerk, the sponsors
114 shall submit to the county clerk:
115 (i) a list containing:
116 (A) the name and email address of each individual the sponsors sent, or caused to be
117 sent, the email described in Subsection (5)(c); and
118 (B) the date the email was sent;
119 (ii) a copy of the email described in Subsection (5)(c); and
120 (iii) the following written verification, completed and signed by each of the sponsors:
121 "Verification of initiative sponsor State of Utah, County of __________I, __________,
122 of __________, hereby state, under penalty of perjury, that:
123 I am a sponsor of the initiative petition entitled ____________________; and
124 I sent, or caused to be sent, to each individual who provided a legible, valid email
125 address on a signature sheet submitted to the county clerk in relation to the initiative petition,
126 the email described in Utah Code Subsection 20A-7-105(5)(c).
127 ______________________________________________________________ __
128 (Name) (Residence Address) (Date)".
129 (e) Signatures gathered for an initiative petition are not valid if the sponsors do not
130 comply with Subsection (5)(c) or (d).
131 (6) (a) Within 21 days after the day on which the county clerk receives the packet, the
132 county clerk shall:
133 (i) use the procedures described in Section 20A-1-1002 to determine whether each
134 signer is a legal voter and, as applicable, the jurisdiction where the signer is registered to vote;
135 (ii) for a statewide initiative or a statewide referendum:
136 (A) certify on the petition whether each name is that of a legal voter;
137 (B) post the name, voter identification number, and date of signature of each legal
138 voter certified under Subsection (6)(a)(ii)(A) on the lieutenant governor's website, in a
139 conspicuous location designated by the lieutenant governor; and
140 (C) deliver the verified packet to the lieutenant governor;
141 (iii) for a local initiative or a local referendum:
142 (A) certify on the petition whether each name is that of a legal voter who is registered
143 in the jurisdiction to which the initiative or referendum relates;
144 (B) post the name, voter identification number, and date of signature of each legal
145 voter certified under Subsection (6)(a)(iii)(A) on the lieutenant governor's website, in a
146 conspicuous location designated by the lieutenant governor; and
147 (C) deliver the verified packet to the local clerk.
148 (b) For a local initiative or local referendum, the local clerk shall post a link in a
149 conspicuous location on the local government's website to the posting described in Subsection
150 (6)(a)(iii)(B):
151 (i) for a local initiative, during the period of time described in Subsection
152 20A-7-507(3)(a); or
153 (ii) for a local referendum, during the period of time described in Subsection
154 20A-7-607(2)(a)(i).
155 (7) The county clerk may not certify a signature under Subsection (6):
156 (a) on a packet that is not verified in accordance with Subsection (4); or
157 (b) that does not have a date of signature next to the signature.
158 (8) (a) A voter who signs a statewide initiative petition may have the voter's signature
159 removed from the petition by submitting to the county clerk a statement requesting that the
160 voter's signature be removed no later than the earlier of:
161 (i) for an initiative packet received by the county clerk before December 1:
162 (A) 30 days after the day on which the voter signs the signature removal statement; or
163 (B) 90 days after the day on which the lieutenant governor posts the voter's name under
164 Subsection 20A-7-207(2); or
165 (ii) for an initiative packet received by the county clerk on or after December 1:
166 (A) 30 days after the day on which the voter signs the signature removal statement; or
167 (B) 45 days after the day on which the lieutenant governor posts the voter's name under
168 Subsection 20A-7-207(2).
169 (b) A voter who signs a statewide referendum petition may have the voter's signature
170 removed from the petition by submitting to the county clerk a statement requesting that the
171 voter's signature be removed no later than the earlier of:
172 (i) 30 days after the day on which the voter signs the statement requesting removal; or
173 (ii) 45 days after the day on which the lieutenant governor posts the voter's name under
174 Subsection 20A-7-307(2).
175 (c) A voter who signs a local initiative petition may have the voter's signature removed
176 from the petition by submitting to the county clerk a statement requesting that the voter's
177 signature be removed no later than the earlier of:
178 (i) 30 days after the day on which the voter signs the signature removal statement;
179 (ii) 90 days after the day on which the local clerk posts the voter's name under
180 Subsection 20A-7-507(2);
181 (iii) 316 days after the day on which the application is filed; or
182 (iv) (A) for a county initiative, April 15 immediately before the next regular general
183 election immediately after the application is filed under Section 20A-7-502; or
184 (B) for a municipal initiative, April 15 immediately before the next municipal general
185 election immediately after the application is filed under Section 20A-7-502.
186 (d) A voter who signs a local referendum petition may have the voter's signature
187 removed from the petition by submitting to the county clerk a statement requesting that the
188 voter's signature be removed no later than the earlier of:
189 (i) 30 days after the day on which the voter signs the statement requesting removal; or
190 (ii) 45 days after the day on which the local clerk posts the voter's name under
191 Subsection 20A-7-607(2)(a).
192 (e) A statement described in this Subsection (8) shall comply with the requirements
193 described in Subsection 20A-1-1003(2).
194 (f) In order for the signature to be removed, the county clerk must receive the statement
195 described in this Subsection (8) before 5 p.m. no later than the applicable deadline described in
196 this Subsection (8).
197 (g) A county clerk shall analyze a signature, for purposes of removing a signature from
198 a petition, in accordance with Subsection 20A-1-1003(3).
199 (9) (a) If the county clerk timely receives a statement requesting signature removal
200 under Subsection (8) and determines that the signature should be removed from the petition
201 under Subsection 20A-1-1003(3), the county clerk shall:
202 (i) ensure that the voter's name, voter identification number, and date of signature are
203 not included in the posting described in Subsection (6)(a)(ii)(B) or (iii)(B); and
204 (ii) remove the voter's signature from the signature packets and signature packet totals.
205 (b) The county clerk shall comply with Subsection (9)(a) before the later of:
206 (i) the deadline described in Subsection (6)(a); or
207 (ii) two business days after the day on which the county clerk receives a statement
208 requesting signature removal under Subsection (8).
209 (10) A person may not retrieve a packet from a county clerk, or make any alterations or
210 corrections to a packet, after the packet is submitted to the county clerk.
211 Section 2. Section 20A-7-203 is amended to read:
212 20A-7-203. Manual initiative process -- Form of initiative petition and signature
213 sheets.
214 (1) This section applies only to the manual initiative process.
215 (2) (a) Each proposed initiative petition shall be printed in substantially the following
216 form:
217 "INITIATIVE PETITION To the Honorable ____, Lieutenant Governor:
218 We, the undersigned citizens of Utah, respectfully demand that the following proposed
219 law be submitted to the legal voters/Legislature of Utah for their/its approval or rejection at the
220 regular general election/session to be held/ beginning on _________(month\day\year);
221 Each signer says:
222 I have personally signed this initiative petition;
223 The date next to my signature correctly reflects the date that I actually signed the
224 initiative petition;
225 I have personally reviewed the entire statement included with this packet;
226 I am registered to vote in Utah; and
227 My residence and post office address are written correctly after my name.
228 NOTICE TO SIGNERS:
229 Public hearings to discuss this initiative were held at: (list dates and locations of public
230 hearings.)".
231 (b) If the initiative proposes a tax increase, the following statement shall appear, in at
232 least 14-point, bold type, immediately following the information described in Subsection
233 (2)(a):
234 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
235 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
236 increase in the current tax rate.".
237 (c) The sponsors of an initiative or an agent of the sponsors shall attach a copy of the
238 proposed law to each initiative petition.
239 (3) Each initiative signature sheet shall:
240 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
241 (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
242 that line blank for the purpose of binding;
243 (c) include the title of the initiative printed below the horizontal line, in at least
244 14-point, bold type;
245 (d) include a table immediately below the title of the initiative, and beginning .5 inch
246 from the left side of the paper, as follows:
247 (i) the first column shall be .5 inch wide and include three rows;
248 (ii) the first row of the first column shall be .85 inch tall and contain the words "For
249 Office Use Only" in 10-point type;
250 (iii) the second row of the first column shall be .35 inch tall;
251 (iv) the third row of the first column shall be .5 inch tall;
252 (v) the second column shall be 2.75 inches wide;
253 (vi) the first row of the second column shall be .35 inch tall and contain the words
254 "Registered Voter's Printed Name (must be legible to be counted)" in 10-point type;
255 (vii) the second row of the second column shall be .5 inch tall;
256 (viii) the third row of the second column shall be .35 inch tall and contain the words
257 "Street Address, City, Zip Code" in 10-point type;
258 (ix) the fourth row of the second column shall be .5 inch tall;
259 (x) the third column shall be 2.75 inches wide;
260 (xi) the first row of the third column shall be .35 inch tall and contain the words
261 "Signature of Registered Voter" in 10-point type;
262 (xii) the second row of the third column shall be .5 inch tall;
263 (xiii) the third row of the third column shall be .35 inch tall and contain the words
264 "Email Address (optional, to receive additional information)" in 10-point type;
265 (xiv) the fourth row of the third column shall be .5 inch tall;
266 (xv) the fourth column shall be one inch wide;
267 (xvi) the first row of the fourth column shall be .35 inch tall and contain the words
268 "Date Signed" in 10-point type;
269 (xvii) the second row of the fourth column shall be .5 inch tall;
270 (xviii) the third row of the fourth column shall be .35 inch tall and contain the words
271 "Birth Date or Age (optional)" in 10-point type;
272 (xix) the fourth row of the third column shall be .5 inch tall; and
273 (xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
274 and contain the following statement, "By signing this initiative petition, you are stating that you
275 have read and understand the law proposed by this initiative petition." in 12-point type;
276 (e) the table described in Subsection (3)(d) shall be repeated, leaving sufficient room at
277 the bottom of the sheet for the information described in Subsection (3)(f); and
278 (f) at the bottom of the sheet, include in the following order:
279 (i) the words "Fiscal Impact of" followed by the title of the initiative, in at least
280 12-point, bold type;
281 (ii) except as provided in Subsection (5), the initial fiscal impact statement issued by
282 the Office of the Legislative Fiscal Analyst in accordance with Subsection 20A-7-202.5(2)(a),
283 including any update in accordance with Subsection 20A-7-204.1(5), in not less than 12-point
284 type;
285 (iii) if the initiative proposes a tax increase, the following statement in 12-point, bold
286 type:
287 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
288 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
289 increase in the current tax rate."; and
290 (iv) the word "Warning," in 12-point, bold type, followed by the following statement in
291 not less than eight-point type:
292 "It is a class A misdemeanor for an individual to sign an initiative petition with a name
293 other than the individual's own name, or to knowingly sign the individual's name more than
294 once for the same initiative petition, or to sign an initiative petition when the individual knows
295 that the individual is not a registered voter.
296 Birth date or age information is not required, but it may be used to verify your identity
297 with voter registration records. If you choose not to provide it, your signature may not be
298 verified as a valid signature if you change your address before petition signatures are verified
299 or if the information you provide does not match your voter registration records."
300 (4) The final page of each initiative packet shall contain the following printed or typed
301 statement:
302 Verification of signature collector
303 State of Utah, County of ____
304 I, _______________, of ____, hereby state, under penalty of perjury, that:
305 I am [
306 All the names that appear in this initiative packet were signed by individuals who
307 professed to be the individuals whose names appear in it, and each of the individuals signed the
308 individual's name on it in my presence;
309 I did not knowingly make a misrepresentation of fact concerning the law proposed by
310 the initiative;
311 I believe that each individual has printed and signed the individual's name and written
312 the individual's post office address and residence correctly, that each signer has read and
313 understands the law proposed by the initiative, and that each signer is registered to vote in
314 Utah.
315 Each individual who signed the initiative packet wrote the correct date of signature next
316 to the individual's name.
317 I have not paid or given anything of value to any individual who signed this initiative
318 packet to encourage that individual to sign it.
319 ______________________________________________________________________
320 (Name) (Residence Address) (Date)
321 (5) If the initial fiscal impact statement described in Subsection (3)(f)(ii), as updated in
322 accordance with Subsection 20A-7-204.1(5), exceeds 200 words, the Office of the Legislative
323 Fiscal Analyst shall prepare a shorter summary statement, for the purpose of inclusion on an
324 initiative signature sheet, that does not exceed 200 words.
325 (6) If the forms described in this section are substantially followed, the initiative
326 petitions are sufficient, notwithstanding clerical and merely technical errors.
327 [
328
329 Section 3. Section 20A-7-213 is amended to read:
330 20A-7-213. Misconduct of electors and officers -- Penalty.
331 (1) It is unlawful for an individual to:
332 (a) sign any name other than the individual's own to an initiative petition or a statement
333 described in Subsection 20A-7-105(8) or 20A-7-216(4);
334 (b) knowingly sign the individual's name more than once for the same initiative at one
335 election;
336 (c) knowingly indicate that an individual who signed an initiative petition signed the
337 initiative petition on a date other than the date that the individual signed the initiative petition;
338 (d) sign an initiative petition knowing the individual is not a legal voter; or
339 (e) knowingly and willfully violate any provision of this part.
340 (2) It is unlawful for an individual to sign the verification for an initiative packet, or to
341 electronically sign the verification for a signature under Subsection [
342 20A-21-201(10), knowing that:
343 [
344 [
345 petition is not the date that the individual signed the initiative petition;
346 [
347 signatures the individual collects or submits; or
348 [
349 vote in Utah.
350 (3) It is unlawful for an individual to:
351 (a) pay an individual to sign an initiative petition;
352 (b) pay an individual to remove the individual's signature from an initiative petition;
353 (c) accept payment to sign an initiative petition; or
354 (d) accept payment to have the individual's name removed from an initiative petition.
355 (4) A violation of this section is a class A misdemeanor.
356 Section 4. Section 20A-7-303 is amended to read:
357 20A-7-303. Manual referendum process -- Form of referendum petition and
358 signature sheets.
359 (1) This section applies only to the manual referendum process.
360 (2) (a) Each proposed referendum petition shall be printed in substantially the
361 following form:
362 "REFERENDUM PETITION To the Honorable ____, Lieutenant Governor:
363 We, the undersigned citizens of Utah, respectfully order that Senate (or House) Bill No.
364 ____, entitled (title of act, and, if the petition is against less than the whole act, set forth here
365 the part or parts on which the referendum is sought), passed by the Legislature of the state of
366 Utah during the ____ Session, be referred to the people of Utah for their approval or rejection
367 at a regular general election or a statewide special election;
368 Each signer says:
369 I have personally signed this referendum petition;
370 The date next to my signature correctly reflects the date that I actually signed the
371 referendum petition;
372 I have personally reviewed the entire statement included with this referendum packet;
373 I am registered to vote in Utah; and
374 My residence and post office address are written correctly after my name.".
375 (b) The sponsors of a referendum or an agent of the sponsors shall attach a copy of the
376 law that is the subject of the referendum to each referendum petition.
377 (3) Each referendum signature sheet shall:
378 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
379 (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
380 that line blank for the purpose of binding;
381 (c) include the title of the referendum printed below the horizontal line, in at least
382 14-point, bold type;
383 (d) include a table immediately below the title of the referendum, and beginning .5 inch
384 from the left side of the paper, as follows:
385 (i) the first column shall be .5 inch wide and include three rows;
386 (ii) the first row of the first column shall be .85 inch tall and contain the words "For
387 Office Use Only" in 10-point type;
388 (iii) the second row of the first column shall be .35 inch tall;
389 (iv) the third row of the first column shall be .5 inch tall;
390 (v) the second column shall be 2.75 inches wide;
391 (vi) the first row of the second column shall be .35 inch tall and contain the words
392 "Registered Voter's Printed Name (must be legible to be counted)" in 10-point type;
393 (vii) the second row of the second column shall be .5 inch tall;
394 (viii) the third row of the second column shall be .35 inch tall and contain the words
395 "Street Address, City, Zip Code" in 10-point type;
396 (ix) the fourth row of the second column shall be .5 inch tall;
397 (x) the third column shall be 2.75 inches wide;
398 (xi) the first row of the third column shall be .35 inch tall and contain the words
399 "Signature of Registered Voter" in 10-point type;
400 (xii) the second row of the third column shall be .5 inch tall;
401 (xiii) the third row of the third column shall be .35 inch tall and contain the words
402 "Email Address (optional, to receive additional information)" in 10-point type;
403 (xiv) the fourth row of the third column shall be .5 inch tall;
404 (xv) the fourth column shall be one inch wide;
405 (xvi) the first row of the fourth column shall be .35 inch tall and contain the words
406 "Date Signed" in 10-point type;
407 (xvii) the second row of the fourth column shall be .5 inch tall;
408 (xviii) the third row of the fourth column shall be .35 inch tall and contain the words
409 "Birth Date or Age (optional)" in 10-point type;
410 (xix) the fourth row of the third column shall be .5 inch tall; and
411 (xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
412 and contain the following words "By signing this referendum petition, you are stating that you
413 have read and understand the law that this referendum petition seeks to overturn." in 12-point
414 type;
415 (e) the table described in Subsection (3)(d) shall be repeated, leaving sufficient room at
416 the bottom of the sheet for the information described in Subsection (3)(f); and
417 (f) at the bottom of the sheet, include the word "Warning," in 12-point, bold type,
418 followed by the following statement in not less than eight-point type:
419 "It is a class A misdemeanor for an individual to sign a referendum petition with a name
420 other than the individual's own name, or to knowingly sign the individual's name more than
421 once for the same referendum petition, or to sign a referendum petition when the individual
422 knows that the individual is not a registered voter.
423 Birth date or age information is not required, but it may be used to verify your identity
424 with voter registration records. If you choose not to provide it, your signature may not be
425 verified as a valid signature if you change your address before petition signatures are verified
426 or if the information you provide does not match your voter registration records."
427 (4) The final page of each referendum packet shall contain the following printed or
428 typed statement:
429 Verification of signature collector
430 State of Utah, County of ____
431 I, _______________, of ____, hereby state, under penalty of perjury, that:
432 I [
433 All the names that appear in this referendum packet were signed by individuals who
434 professed to be the individuals whose names appear in it, and each of the individuals signed the
435 individual's name on it in my presence;
436 I did not knowingly make a misrepresentation of fact concerning the law this petition
437 seeks to overturn;
438 I believe that each individual has printed and signed the individual's name and written
439 the individual's post office address and residence correctly, that each signer has read and
440 understands the law that the referendum seeks to overturn, and that each signer is registered to
441 vote in Utah.
442 Each individual who signed the referendum packet wrote the correct date of signature
443 next to the individual's name.
444 I have not paid or given anything of value to any individual who signed this referendum
445 packet to encourage that individual to sign it.
446 ________________________________________________________________________
447 (Name) (Residence Address) (Date).
448 (5) If the forms described in this section are substantially followed, the referendum
449 petitions are sufficient, notwithstanding clerical and merely technical errors.
450 [
451
452 Section 5. Section 20A-7-312 is amended to read:
453 20A-7-312. Misconduct of electors and officers -- Penalty.
454 (1) It is unlawful for any person to:
455 (a) sign any name other than the person's own to a referendum petition;
456 (b) knowingly sign the person's name more than once for the same referendum petition
457 at one election;
458 (c) knowingly indicate that a person who signed a referendum petition signed the
459 referendum petition on a date other than the date that the person signed the petition;
460 (d) sign a referendum petition knowing the person is not a legal voter; or
461 (e) knowingly and willfully violate any provision of this part.
462 (2) It is unlawful for any person to sign the verification for a referendum packet, or to
463 electronically sign the verification for a signature under Subsection [
464 20A-21-201(10) knowing that:
465 [
466 [
467 petition is not the date that the person signed the referendum petition;
468 [
469 the person collects or submits; or
470 [
471 vote in Utah.
472 (3) It is unlawful for any person to:
473 (a) pay a person to sign a referendum petition;
474 (b) pay a person to remove the person's signature from a referendum petition;
475 (c) accept payment to sign a referendum petition; or
476 (d) accept payment to have the person's name removed from a referendum petition.
477 (4) Any person violating this section is guilty of a class A misdemeanor.
478 Section 6. Section 20A-7-503 is amended to read:
479 20A-7-503. Manual initiative process -- Form of initiative petition and signature
480 sheet.
481 (1) This section applies only to the manual initiative process.
482 (2) (a) Each proposed initiative petition shall be printed in substantially the following
483 form:
484 "INITIATIVE PETITION To the Honorable ____, County Clerk/City Recorder/Town
485 Clerk:
486 We, the undersigned citizens of Utah, respectfully demand that the following proposed
487 law be submitted to: the legislative body for its approval or rejection at its next meeting; and
488 the legal voters of the county/city/town, if the legislative body rejects the proposed law or takes
489 no action on it.
490 Each signer says:
491 I have personally signed this initiative petition;
492 The date next to my signature correctly reflects the date that I actually signed the
493 petition;
494 I have personally reviewed the entire statement included with this packet;
495 I am registered to vote in Utah; and
496 My residence and post office address are written correctly after my name."
497 (b) If the initiative proposes a tax increase, the following statement shall appear, in at
498 least 14-point, bold type, immediately following the information described in Subsection
499 (2)(a):
500 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
501 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
502 increase in the current tax rate."
503 (c) The sponsors of an initiative or an agent of the sponsors shall attach a copy of the
504 proposed law to each initiative petition.
505 (3) Each initiative signature sheet shall:
506 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
507 (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
508 that line blank for the purpose of binding;
509 (c) include the title of the initiative printed below the horizontal line, in at least
510 14-point, bold type;
511 (d) include a table immediately below the title of the initiative, and beginning .5 inch
512 from the left side of the paper, as follows:
513 (i) the first column shall be .5 inch wide and include three rows;
514 (ii) the first row of the first column shall be .85 inch tall and contain the words "For
515 Office Use Only" in 10-point type;
516 (iii) the second row of the first column shall be .35 inch tall;
517 (iv) the third row of the first column shall be .5 inch tall;
518 (v) the second column shall be 2.75 inches wide;
519 (vi) the first row of the second column shall be .35 inch tall and contain the words
520 "Registered Voter's Printed Name (must be legible to be counted)" in 10-point type;
521 (vii) the second row of the second column shall be .5 inch tall;
522 (viii) the third row of the second column shall be .35 inch tall and contain the words
523 "Street Address, City, Zip Code" in 10-point type;
524 (ix) the fourth row of the second column shall be .5 inch tall;
525 (x) the third column shall be 2.75 inches wide;
526 (xi) the first row of the third column shall be .35 inch tall and contain the words
527 "Signature of Registered Voter" in 10-point type;
528 (xii) the second row of the third column shall be .5 inch tall;
529 (xiii) the third row of the third column shall be .35 inch tall and contain the words
530 "Email Address (optional, to receive additional information)" in 10-point type;
531 (xiv) the fourth row of the third column shall be .5 inch tall;
532 (xv) the fourth column shall be one inch wide;
533 (xvi) the first row of the fourth column shall be .35 inch tall and contain the words
534 "Date Signed" in 10-point type;
535 (xvii) the second row of the fourth column shall be .5 inch tall;
536 (xviii) the third row of the fourth column shall be .35 inch tall and contain the words
537 "Birth Date or Age (optional)" in 10-point type;
538 (xix) the fourth row of the third column shall be .5 inch tall; and
539 (xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
540 and contain the following words "By signing this initiative petition, you are stating that you
541 have read and understand the law proposed by this initiative petition." in 12-point type;
542 (e) the table described in Subsection (3)(d) shall be repeated, leaving sufficient room at
543 the bottom of the sheet for the information described in Subsection (3)(f); and
544 (f) at the bottom of the sheet, include in the following order:
545 (i) the words "Fiscal and legal impact of" followed by the title of the initiative, in at
546 least 12-point, bold type;
547 (ii) the summary statement in the initial fiscal impact and legal statement issued by the
548 budget officer in accordance with Subsection 20A-7-502.5(2)(b) and the cost estimate for
549 printing and distributing information related to the initiative petition in accordance with
550 Subsection 20A-7-502.5(3), in not less than 12-point, bold type;
551 (iii) if the initiative proposes a tax increase, the following statement in 12-point, bold
552 type:
553 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
554 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
555 increase in the current tax rate."; and
556 (iv) the word "Warning," in 12-point, bold type, followed by the following statement in
557 not less than eight-point type:
558 "It is a class A misdemeanor for an individual to sign an initiative petition with a name
559 other than the individual's own name, or to knowingly sign the individual's name more than
560 once for the same initiative petition, or to sign an initiative petition when the individual knows
561 that the individual is not a registered voter.
562 Birth date or age information is not required, but it may be used to verify your identity
563 with voter registration records. If you choose not to provide it, your signature may not be
564 verified as a valid signature if you change your address before petition signatures are verified
565 or if the information you provide does not match your voter registration records."
566 (4) The final page of each initiative packet shall contain the following printed or typed
567 statement:
568 "Verification of signature collector
569 State of Utah, County of ____
570 I, _______________, of ____, hereby state, under penalty of perjury, that:
571 I [
572 All the names that appear in this packet were signed by individuals who professed to be
573 the individuals whose names appear in it, and each of the individuals signed the individual's
574 name on it in my presence;
575 I did not knowingly make a misrepresentation of fact concerning the law proposed by
576 the initiative;
577 I believe that each individual has printed and signed the individual's name and written
578 the individual's post office address and residence correctly, that each signer has read and
579 understands the law proposed by the initiative, and that each signer is registered to vote in
580 Utah.
581 ______________________________________________________________________
582 (Name)
583 Each individual who signed the packet wrote the correct date of signature next to the
584 individual's name.
585 I have not paid or given anything of value to any individual who signed this petition to
586 encourage that individual to sign it.
587 _____________________________________________________________________
588 (Name)
589 (5) If the forms described in this section are substantially followed, the initiative
590 petitions are sufficient, notwithstanding clerical and merely technical errors.
591 [
592
593 Section 7. Section 20A-7-512 is amended to read:
594 20A-7-512. Misconduct of electors and officers -- Penalty.
595 (1) It is unlawful for any individual to:
596 (a) sign any name other than the individual's own name to an initiative petition or a
597 statement described in Subsection 20A-7-505(4) or 20A-7-515(4);
598 (b) knowingly sign the individual's name more than once for the same initiative at one
599 election;
600 (c) knowingly indicate that an individual who signed an initiative petition signed the
601 initiative petition on a date other than the date that the individual signed the initiative petition;
602 (d) sign an initiative petition knowing the individual is not a legal voter; or
603 (e) knowingly and willfully violate any provision of this part.
604 (2) It is unlawful for an individual to sign the verification for an initiative packet, or to
605 electronically sign the verification for a signature under Subsection [
606 20A-21-201(10), knowing that:
607 [
608 [
609 petition is not the date that the individual signed the initiative petition;
610 [
611 signatures the individual collects or submits; or
612 [
613 vote in Utah.
614 (3) It is unlawful for an individual to:
615 (a) pay an individual to sign an initiative petition;
616 (b) pay an individual to remove the individual's signature from an initiative petition;
617 (c) accept payment to sign an initiative petition; or
618 (d) accept payment to have the individual's name removed from an initiative petition.
619 (4) A violation of this section is a class A misdemeanor.
620 Section 8. Section 20A-7-603 is amended to read:
621 20A-7-603. Manual referendum process -- Form of referendum petition and
622 signature sheet.
623 (1) This section applies only to the manual referendum process.
624 (2) (a) Each proposed referendum petition shall be printed in substantially the
625 following form:
626 "REFERENDUM PETITION To the Honorable ____, County Clerk/City
627 Recorder/Town Clerk:
628 We, the undersigned citizens of Utah, respectfully order that (description of local law or
629 portion of local law being challenged), passed by the ____ be referred to the voters for their
630 approval or rejection at the regular/municipal general election to be held on
631 __________(month\day\year);
632 Each signer says:
633 I have personally signed this referendum petition;
634 The date next to my signature correctly reflects the date that I actually signed the
635 petition;
636 I have personally reviewed the entire statement included with this packet;
637 I am registered to vote in Utah; and
638 My residence and post office address are written correctly after my name."
639 (b) The sponsors of a referendum or an agent of the sponsors shall attach a copy of the
640 law that is the subject of the referendum to each referendum petition.
641 (3) Each referendum signature sheet shall:
642 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
643 (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
644 that line blank for the purpose of binding;
645 (c) include the title of the referendum printed below the horizontal line, in at least
646 14-point type;
647 (d) include a table immediately below the title of the referendum, and beginning .5 inch
648 from the left side of the paper, as follows:
649 (i) the first column shall be .5 inch wide and include three rows;
650 (ii) the first row of the first column shall be .85 inch tall and contain the words "For
651 Office Use Only" in 10-point type;
652 (iii) the second row of the first column shall be .35 inch tall;
653 (iv) the third row of the first column shall be .5 inch tall;
654 (v) the second column shall be 2.75 inches wide;
655 (vi) the first row of the second column shall be .35 inch tall and contain the words
656 "Registered Voter's Printed Name (must be legible to be counted)" in 10-point type;
657 (vii) the second row of the second column shall be .5 inch tall;
658 (viii) the third row of the second column shall be .35 inch tall and contain the words
659 "Street Address, City, Zip Code" in 10-point type;
660 (ix) the fourth row of the second column shall be .5 inch tall;
661 (x) the third column shall be 2.75 inches wide;
662 (xi) the first row of the third column shall be .35 inch tall and contain the words
663 "Signature of Registered Voter" in 10-point type;
664 (xii) the second row of the third column shall be .5 inch tall;
665 (xiii) the third row of the third column shall be .35 inch tall and contain the words
666 "Email Address (optional, to receive additional information)" in 10-point type;
667 (xiv) the fourth row of the third column shall be .5 inch tall;
668 (xv) the fourth column shall be one inch wide;
669 (xvi) the first row of the fourth column shall be .35 inch tall and contain the words
670 "Date Signed" in 10-point type;
671 (xvii) the second row of the fourth column shall be .5 inch tall;
672 (xviii) the third row of the fourth column shall be .35 inch tall and contain the words
673 "Birth Date or Age (optional)" in 10-point type;
674 (xix) the fourth row of the third column shall be .5 inch tall; and
675 (xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
676 and contain the following words, "By signing this referendum petition, you are stating that you
677 have read and understand the law that this referendum petition seeks to overturn." in 12-point
678 type;
679 (e) the table described in Subsection (3)(d) shall be repeated, leaving sufficient room at
680 the bottom of the sheet or the information described in Subsection (3)(f); and
681 (f) at the bottom of the sheet, include the word "Warning," in 12-point, bold type,
682 followed by the following statement in not less than eight-point type:
683 "It is a class A misdemeanor for an individual to sign a referendum petition with a name
684 other than the individual's own name, or to knowingly sign the individual's name more than
685 once for the same referendum petition, or to sign a referendum petition when the individual
686 knows that the individual is not a registered voter.
687 Birth date or age information is not required, but it may be used to verify your identity
688 with voter registration records. If you choose not to provide it, your signature may not be
689 verified as a valid signature if you change your address before petition signatures are verified
690 or if the information you provide does not match your voter registration records."
691 (4) The final page of each referendum packet shall contain the following printed or
692 typed statement:
693 "Verification of signature collector
694 State of Utah, County of ____
695 I, _______________, of ____, hereby state, under penalty of perjury, that:
696 I [
697 All the names that appear in this packet were signed by individuals who professed to be
698 the individuals whose names appear in it, and each of the individuals signed the individual's
699 name on it in my presence;
700 I did not knowingly make a misrepresentation of fact concerning the law this petition
701 seeks to overturn;
702 I believe that each individual has printed and signed the individual's name and written
703 the individual's post office address and residence correctly, that each signer has read and
704 understands the law that the referendum seeks to overturn, and that each signer is registered to
705 vote in Utah.
706 ________________________________________________________________________
707 (Name)
708 Each individual who signed the packet wrote the correct date of signature next to the
709 individual's name.
710 I have not paid or given anything of value to any individual who signed this referendum
711 packet to encourage that individual to sign it.
712 _____________________________________________________________________
713 (Name)
714 (5) If the forms described in this section are substantially followed, the referendum
715 petitions are sufficient, notwithstanding clerical and merely technical errors.
716 [
717
718 Section 9. Section 20A-7-612 is amended to read:
719 20A-7-612. Misconduct of electors and officers -- Penalty.
720 (1) It is unlawful for an individual to:
721 (a) sign a name other than the individual's own name to any referendum petition;
722 (b) knowingly sign the individual's name more than once for the same referendum at
723 one election;
724 (c) knowingly indicate that an individual who signed a referendum petition signed the
725 referendum petition on a date other than the date that the individual signed the referendum
726 petition;
727 (d) sign a referendum petition knowing that the individual is not a legal voter;
728 (e) in connection with circulating a referendum petition, represent that a document is
729 an official government document if the individual knows or has reason to know that the
730 document is not an official government document; or
731 (f) knowingly and willfully violate any provision of this part.
732 (2) It is unlawful for an individual to sign the verification for a referendum packet, or
733 to electronically sign the verification for a signature under Subsection [
734 20A-21-201(10), knowing that:
735 [
736 [
737 petition is not the date that the individual signed the referendum petition;
738 [
739 submits; or
740 [
741 not registered to vote in Utah.
742 (3) It is unlawful for an individual to:
743 (a) pay an individual to sign a referendum petition;
744 (b) pay an individual to remove the individual's signature from a referendum petition;
745 (c) accept payment to sign a referendum petition; or
746 (d) accept payment to have the individual's name removed from a referendum petition.
747 (4) A violation of this section is a class A misdemeanor.
748 (5) The county attorney or municipal attorney shall prosecute any violation of this
749 section.
750 Section 10. Section 20A-9-502 is amended to read:
751 20A-9-502. Certificate of nomination -- Contents -- Circulation -- Verification --
752 Criminal penalty -- Removal of petition signature.
753 (1) The candidate shall:
754 (a) prepare a certificate of nomination in substantially the following form:
755 "State of Utah, County of ______________________________________________
756 I, ______________, declare my intention of becoming an unaffiliated candidate for the
757 political group designated as ____ for the office of ____. I do solemnly swear that I can
758 qualify to hold that office both legally and constitutionally if selected, and that I reside at ____
759 Street, in the city of ____, county of ____, state of ______, zip code ____, phone ____, and
760 that I am providing, or have provided, the required number of holographic signatures of
761 registered voters required by law; that as a candidate at the next election I will not knowingly
762 violate any election or campaign law; that, if filing via a designated agent for an office other
763 than president of the United States, I will be out of the state of Utah during the entire candidate
764 filing period; I will file all campaign financial disclosure reports as required by law; and I
765 understand that failure to do so will result in my disqualification as a candidate for this office
766 and removal of my name from the ballot.
767
__________________________________________
768
Subscribed and sworn to before me this ______(month\day\year).
769
__________________________________________
770
Notary Public (or other officer
771
qualified to administer oaths)";
772 (b) [
773 signature sheets to a copy of the certificate of nomination and the circulator verification, that:
774 (i) are printed on sheets of paper 8-1/2 inches long and 11 inches wide;
775 (ii) are ruled with a horizontal line 3/4 inch from the top, with the space above that line
776 blank for the purpose of binding;
777 (iii) contain the name of the proposed candidate and the words "Unaffiliated Candidate
778 Certificate of Nomination Petition" printed directly below the horizontal line;
779 (iv) contain the word "Warning" printed directly under the words described in
780 Subsection (1)(b)(iii);
781 (v) contain, to the right of the word "Warning," the following statement printed in not
782 less than eight-point, single leaded type:
783 "It is a class A misdemeanor for anyone to knowingly sign a certificate of nomination
784 signature sheet with any name other than the person's own name or more than once for the
785 same candidate or if the person is not registered to vote in this state and does not intend to
786 become registered to vote in this state before the county clerk certifies the signatures.";
787 (vi) contain the following statement directly under the statement described in
788 Subsection (1)(b)(v):
789 "Each signer says:
790 I have personally signed this petition with a holographic signature;
791 I am registered to vote in Utah or intend to become registered to vote in Utah before the
792 county clerk certifies my signature; and
793 My street address is written correctly after my name.";
794 (vii) contain horizontally ruled lines, 3/8 inch apart under the statement described in
795 Subsection (1)(b)(vi); and
796 (viii) be vertically divided into columns as follows:
797 (A) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
798 headed with "For Office Use Only," and be subdivided with a light vertical line down the
799 middle;
800 (B) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
801 Name (must be legible to be counted)";
802 (C) the next column shall be 2-1/2 inches wide, headed "Holographic Signature of
803 Registered Voter";
804 (D) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
805 (E) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
806 Code"; and
807 (F) at the bottom of the sheet, contain the following statement: "Birth date or age
808 information is not required, but it may be used to verify your identity with voter registration
809 records. If you choose not to provide it, your signature may not be certified as a valid signature
810 if you change your address before petition signatures are certified or if the information you
811 provide does not match your voter registration records."; and
812 (c) bind a final page to one or more signature sheets that are bound together that
813 contains, except as provided by Subsection (3), the following printed statement:
814 "Verification
815 State of Utah, County of ____
816 I, _______________, of ____, hereby state that:
817 I [
818 All the names that appear on the signature sheets bound to this page were signed by
819 persons who professed to be the persons whose names appear on the signature sheets, and each
820 of them signed the person's name on the signature sheets in my presence;
821 I believe that each has printed and signed the person's name and written the person's
822 street address correctly, and that each signer is registered to vote in Utah or will register to vote
823 in Utah before the county clerk certifies the signatures on the signature sheet.
824 ______________________________________________________________________
825 (Signature) (Residence Address) (Date)".
826 (2) An agent designated to file a certificate of nomination under Subsection
827 20A-9-503(2)(b) or (4)(b) may not sign the form described in Subsection (1)(a).
828 (3) (a) The candidate shall circulate the nomination petition and ensure that the person
829 in whose presence each signature sheet is signed:
830 (i) is at least 18 years old; and
831 [
832
833 [
834 more signature sheets that are bound together.
835 [
836
837 [
838 signature sheet bound to the verification.
839 (4) (a) It is unlawful for any person to:
840 (i) knowingly sign a certificate of nomination signature sheet:
841 (A) with any name other than the person's own name;
842 (B) more than once for the same candidate; or
843 (C) if the person is not registered to vote in this state and does not intend to become
844 registered to vote in this state before the county clerk certifies the signatures; or
845 (ii) sign the verification of a certificate of nomination signature sheet if the person:
846 [
847
848 [
849 certificate of nomination signature sheet; or
850 [
851 signature sheet is not registered to vote in this state and does not intend to become registered to
852 vote in this state.
853 (b) Any person violating this Subsection (4) is guilty of a class A misdemeanor.
854 (5) (a) [
855
856 general election ballot, the candidate shall, no earlier than the start of the declaration of
857 candidacy period described in Section 20A-9-201.5 and no later than 5 p.m. on June 15 of the
858 year in which the election will be held:
859 (i) comply with Subsection 20A-9-503(1); and
860 (ii) submit each signature packet to the county clerk where the majority of the
861 signatures in the packet were collected, with signatures totaling:
862 [
863 is for an office to be filled by the voters of the entire state; or
864 [
865 of the registered voters residing within a political division, whichever is less, when the
866 nomination is for an office to be filled by the voters of any political division smaller than the
867 state.
868 (b) A candidate has not complied with Subsection (5)(a)(ii), unless the county clerks
869 verify that each required signature is a valid signature of a registered voter who is eligible to
870 sign the signature packet and has not signed a signature packet to nominate another candidate
871 for the same office.
872 [
873 certify only those persons who signed [
874 (i) are registered voters within the political division that the candidate seeks to
875 represent; and
876 (ii) did not sign any other certificate of nomination for that office.
877 (d) The county clerk shall count and certify the number of registered voters who validly
878 signed a signature packet, no later than 30 days after the day on which the candidate submits
879 the signature packet.
880 [
881 nomination or declaration of candidacy at any time on or before [
882 June 15 of the year in which the election will be held.
883 [
884 determine whether a signer is a registered voter who is qualified to sign the [
885 packet.
886 (6) (a) A voter who signs a [
887 may have the voter's signature removed from the [
888 three business days after the day on which the candidate submits the [
889 to the county clerk, submitting to the county clerk a statement requesting that the voter's
890 signature be removed.
891 (b) A statement described in Subsection (6)(a) shall comply with the requirements
892 described in Subsection 20A-1-1003(2).
893 (c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to
894 determine whether to remove an individual's signature from a [
895 receiving a timely, valid statement requesting removal of the signature.
896 Section 11. Section 20A-9-503 is amended to read:
897 20A-9-503. Certificate of nomination -- Filing -- Fees.
898 (1) [
899
900 candidate shall, in accordance with the deadline described in Subsection 20A-9-502(5)(a):
901 (a) file the certificate of nomination and the applicable declaration of candidacy, in
902 person unless otherwise provided in statute, with the filing officer; and
903 (b) pay the filing fee.
904 [
905
906
907
908 [
909 [
910
911 [
912
913
914 [
915 (2) (a) The provisions of this Subsection (2) do not apply to an individual who files a
916 [
917 of the United States.
918 (b) Subject to Subsections [
919 an agent to file a [
920 candidacy with the appropriate filing officer if:
921 (i) the individual is located outside of the state during the entire filing period;
922 (ii) the designated agent appears in person before the filing officer; and
923 (iii) the individual communicates with the filing officer using an electronic device that
924 allows the individual and filing officer to see and hear each other.
925 (3) (a) At the time of filing, and before accepting the [
926 nomination and declaration of candidacy, the filing officer shall read the constitutional and
927 statutory requirements for candidacy to the candidate.
928 (b) If the candidate states that the candidate does not meet the requirements, the filing
929 officer may not accept the [
930 (4) An individual filing a certificate of nomination for president of the United States
931 under this section:
932 (a) shall pay a filing fee of $500; and
933 (b) may use a designated agent to file the nomination petition.
934 (5) An agent designated to file a certificate of nomination under Subsection (2)(b) or
935 (4)(b) may not sign the certificate of nomination form.
936 [
937
938 [
939
940 [
941
942 [
943 [
944
945 Section 12. Section 20A-9-504 is amended to read:
946 20A-9-504. Unaffiliated candidates -- Governor and president of the United
947 States.
948 (1) (a) Each unaffiliated candidate for governor shall, before 5 p.m. no later than [
949
950 candidate for the office of lieutenant governor.
951 (b) The unaffiliated lieutenant governor candidate shall, before 5 p.m. no later than
952 [
953 following the procedures and requirements of this part.
954 (2) (a) Each unaffiliated candidate for president of the United States shall, before 5
955 p.m. no later than August 15 of a regular general election year, select a running mate to file as
956 an unaffiliated candidate for the office of vice president of the United States.
957 (b) Before 5 p.m. no later than August 15 of a regular general election year, the
958 unaffiliated candidate for vice president of the United States described in Subsection (2)(a)
959 shall comply with the requirements of Subsection 20A-9-202(7).
960 Section 13. Section 20A-21-201 is amended to read:
961 20A-21-201. Electronic signature gathering for an initiative, a referendum, or
962 candidate qualification.
963 (1) (a) After filing a petition for a statewide initiative or a statewide referendum, and
964 before gathering signatures, the sponsors shall, after consulting with the Office of the
965 Lieutenant Governor, sign a form provided by the Office of the Lieutenant Governor indicating
966 whether the sponsors will gather signatures manually or electronically.
967 (b) If the sponsors indicate, under Subsection (1)(a), that the sponsors will gather
968 signatures electronically:
969 (i) in relation to a statewide initiative, signatures for that initiative:
970 (A) may only be gathered and submitted electronically, in accordance with this section
971 and Sections 20A-7-215, 20A-7-216, and 20A-7-217; and
972 (B) may not be gathered or submitted using the manual signature-gathering process
973 described in Sections 20A-7-105 and 20A-7-204; and
974 (ii) in relation to a statewide referendum, signatures for that referendum:
975 (A) may only be gathered and submitted electronically, in accordance with this section
976 and Sections 20A-7-313, 20A-7-314, and 20A-7-315; and
977 (B) may not be gathered or submitted using the manual signature-gathering process
978 described in Sections 20A-7-105 and 20A-7-304.
979 (c) If the sponsors indicate, under Subsection (1)(a), that the sponsors will gather
980 signatures manually:
981 (i) in relation to a statewide initiative, signatures for that initiative:
982 (A) may only be gathered and submitted using the manual signature-gathering process
983 described in Sections 20A-7-105 and 20A-7-204; and
984 (B) may not be gathered or submitted electronically, as described in this section and
985 Sections 20A-7-215, 20A-7-216, and 20A-7-217; and
986 (ii) in relation to a statewide referendum, signatures for that referendum:
987 (A) may only be gathered and submitted using the manual signature-gathering process
988 described in Sections 20A-7-105 and 20A-7-304; and
989 (B) may not be gathered or submitted electronically, as described in this section and
990 Sections 20A-7-313, 20A-7-314, and 20A-7-315.
991 (2) (a) After filing a petition for a local initiative or a local referendum, and before
992 gathering signatures, the sponsors shall, after consulting with the local clerk's office, sign a
993 form provided by the local clerk's office indicating whether the sponsors will gather signatures
994 manually or electronically.
995 (b) If the sponsors indicate, under Subsection (2)(a), that the sponsors will gather
996 signatures electronically:
997 (i) in relation to a local initiative, signatures for that initiative:
998 (A) may only be gathered and submitted electronically, in accordance with this section
999 and Sections 20A-7-514, 20A-7-515, and 20A-7-516; and
1000 (B) may not be gathered or submitted using the manual signature-gathering process
1001 described in Sections 20A-7-105 and 20A-7-504; and
1002 (ii) in relation to a local referendum, signatures for that referendum:
1003 (A) may only be gathered and submitted electronically, in accordance with this section
1004 and Sections 20A-7-614, 20A-7-615, and 20A-7-616; and
1005 (B) may not be gathered or submitted using the manual signature-gathering process
1006 described in Sections 20A-7-105 and 20A-7-604.
1007 (c) If the sponsors indicate, under Subsection (2)(a), that the sponsors will gather
1008 signatures manually:
1009 (i) in relation to a local initiative, signatures for that initiative:
1010 (A) may only be gathered and submitted using the manual signature-gathering process
1011 described in Sections 20A-7-105 and 20A-7-504; and
1012 (B) may not be gathered or submitted electronically, as described in this section and
1013 Sections 20A-7-514, 20A-7-515, and 20A-7-516; and
1014 (ii) in relation to a local referendum, signatures for that referendum:
1015 (A) may only be gathered and submitted using the manual signature-gathering process
1016 described in Sections 20A-7-105 and 20A-7-604; and
1017 (B) may not be gathered or submitted electronically, as described in this section and
1018 Sections 20A-7-614, 20A-7-615, and 20A-7-616.
1019 (3) (a) After a candidate files a notice of intent to gather signatures to qualify for a
1020 ballot, and before gathering signatures, the candidate shall, after consulting with the election
1021 officer, sign a form provided by the election officer indicating whether the candidate will
1022 gather signatures manually or electronically.
1023 (b) If a candidate indicates, under Subsection (3)(a), that the candidate will gather
1024 signatures electronically, signatures for the candidate:
1025 (i) may only be gathered and submitted using the electronic candidate qualification
1026 process; and
1027 (ii) may not be gathered or submitted using the manual candidate qualification process.
1028 (c) If a candidate indicates, under Subsection (3)(a), that the candidate will gather
1029 signatures manually, signatures for the candidate:
1030 (i) may only be gathered and submitted using the manual candidate qualification
1031 process; and
1032 (ii) may not be gathered or submitted using the electronic candidate qualification
1033 process.
1034 (4) To gather a signature electronically, a signature-gatherer shall:
1035 (a) use a device provided by the signature-gatherer or a sponsor of the petition that:
1036 (i) is approved by the lieutenant governor;
1037 (ii) except as provided in Subsection (4)(a)(iii), does not store a signature or any other
1038 information relating to an individual signing the petition in any location other than the location
1039 used by the website to store the information;
1040 (iii) does not, on the device, store a signature or any other information relating to an
1041 individual signing the petition except for the minimum time necessary to upload information to
1042 the website;
1043 (iv) does not contain any applications, software, or data other than those approved by
1044 the lieutenant governor; and
1045 (v) complies with cyber-security and other security protocols required by the lieutenant
1046 governor;
1047 (b) use the approved device to securely access a website designated by the lieutenant
1048 governor, directly, or via an application designated by the lieutenant governor; and
1049 (c) while connected to the website, present the approved device to an individual
1050 considering signing the petition and, while the signature-gatherer is in the physical presence of
1051 the individual:
1052 (i) wait for the individual to reach each screen presented to the individual on the
1053 approved device; and
1054 (ii) wait for the individual to advance to each subsequent screen by clicking on the
1055 acknowledgement at the bottom of the screen.
1056 (5) Each screen shown on an approved device as part of the signature-gathering process
1057 shall appear as a continuous electronic document that, if the entire document does not appear
1058 on the screen at once, requires the individual viewing the screen to, before advancing to the
1059 next screen, scroll through the document until the individual reaches the end of the document.
1060 (6) After advancing through each screen required for the petition, the signature process
1061 shall proceed as follows:
1062 (a) except as provided in Subsection (6)(b):
1063 (i) the individual desiring to sign the petition shall present the individual's driver
1064 license or state identification card to the signature-gatherer;
1065 (ii) the signature-gatherer shall verify that the individual pictured on the driver license
1066 or state identification card is the individual signing the petition;
1067 (iii) the signature-gatherer shall scan or enter the driver license number or state
1068 identification card number through the approved device; and
1069 (iv) immediately after the signature-gatherer complies with Subsection (6)(a)(iii), the
1070 website shall determine whether the individual desiring to sign the petition is eligible to sign
1071 the petition;
1072 (b) if the individual desiring to sign the petition is unable to provide a driver license or
1073 state identification card to the signature gatherer:
1074 (i) the individual may present other valid voter identification;
1075 (ii) if the valid voter identification contains a picture of the individual, the
1076 signature-gatherer shall verify that the individual pictured is the individual signing the petition;
1077 (iii) if the valid voter identification does not contain a picture of the individual, the
1078 signature-gatherer shall, to the extent reasonably practicable, use the individual's address or
1079 other available means to determine whether the identification relates to the individual
1080 presenting the identification;
1081 (iv) the signature-gatherer shall scan an image of the valid voter identification and
1082 immediately upload the image to the website; and
1083 (v) the individual:
1084 (A) shall enter the individual's address; and
1085 (B) may, at the discretion of the individual, enter the individual's date of birth or age
1086 after the individual clicks on the screen acknowledging that they have read and understand the
1087 following statement, "Birth date or age information is not required, but may be used to verify
1088 your identity with voter registration records. If you choose not to provide it, your signature may
1089 not be verified as a valid signature if you change your address before your signature is verified
1090 or if the information you provide does not match your voter registration records."; and
1091 (c) after completing the process described in Subsection (6)(a) or (b), the screen shall:
1092 (i) except for a petition to qualify a candidate for the ballot, give the individual signing
1093 the petition the opportunity to enter the individual's email address after the individual reads the
1094 following statement, "If you provide your email address, you may receive an email with
1095 additional information relating to the petition you are signing."; and
1096 (ii) (A) if the website determines, under Subsection (6)(a)(iv), that the individual is
1097 eligible to sign the petition, permit the individual to enter the individual's name as the
1098 individual's electronic signature and, immediately after the signature-gather timely complies
1099 with Subsection (10), certify the signature; or
1100 (B) if the individual provides valid voter identification under Subsection (6)(b), permit
1101 the individual to enter the individual's name as the individual's electronic signature.
1102 (7) If an individual provides valid voter identification under Subsection (6)(b), the
1103 county clerk shall, within seven days after the day on which the individual submits the valid
1104 voter identification, certify the signature if:
1105 (a) the individual is eligible to sign the petition;
1106 (b) the identification provided matches the information on file; and
1107 (c) the signature-gatherer timely complies with Subsection (10).
1108 (8) For each signature submitted under this section, the website shall record:
1109 (a) the information identifying the individual who signs;
1110 (b) the date the signature was collected; and
1111 (c) the name of the signature-gatherer.
1112 (9) An individual who is a signature-gatherer may not sign a petition unless another
1113 individual acts as the signature-gatherer when the individual signs the petition.
1114 (10) Except for a petition for a candidate to seek the nomination of a registered
1115 political party, each individual who gathers a signature under this section shall, within one
1116 business day after the day on which the individual gathers a signature, electronically sign and
1117 submit the following statement to the website:
1118 "VERIFICATION OF SIGNATURE-GATHERER
1119 State of Utah, County of ____
1120 I, _____________________, of ______, hereby state, under penalty of perjury, that:
1121 I [
1122 All the signatures that I collected on [Date signatures were gathered] were signed by
1123 individuals who professed to be the individuals whose signatures I gathered, and each of the
1124 individuals signed the petition in my presence;
1125 I did not knowingly make a misrepresentation of fact concerning the law or proposed
1126 law to which the petition relates;
1127 I believe that each individual has signed the individual's name and written the
1128 individual's residence correctly, that each signer has read and understands the law to which the
1129 petition relates, and that each signer is registered to vote in Utah;
1130 Each signature correctly reflects the date on which the individual signed the petition;
1131 and
1132 I have not paid or given anything of value to any individual who signed this petition to
1133 encourage that individual to sign it."
1134 (11) Except for a petition for a candidate to seek the nomination of a registered
1135 political party:
1136 (a) the county clerk may not certify a signature that is not timely verified in accordance
1137 with Subsection (10); and
1138 (b) if a signature certified by a county clerk under Subsection (6)(c)(ii)(A) is not timely
1139 verified in accordance with Subsection (10), the county clerk shall:
1140 (i) revoke the certification;
1141 (ii) remove the signature from the posting described in Subsection 20A-7-217(4),
1142 20A-7-315(3), 20A-7-516(4), or 20A-7-616(3); and
1143 (iii) update the totals described in Subsections 20A-7-217(5)(a)(ii),
1144 20A-7-315(5)(a)(ii), 20A-7-516(5)(a)(ii), and 20A-7-616(5)(a)(ii).
1145 (12) For a petition for a candidate to seek the nomination of a registered political party,
1146 each individual who gathers a signature under this section shall, within one business day after
1147 the day on which the individual gathers a signature, electronically sign and submit the
1148 following statement to the lieutenant governor in the manner specified by the lieutenant
1149 governor:
1150 "VERIFICATION OF SIGNATURE-GATHERER
1151 State of Utah, County of ____
1152 I, _____________________, of ______, hereby state that:
1153 I [
1154 All the signatures that I collected on [Date signatures were gathered] were signed by
1155 individuals who professed to be the individuals whose signatures I gathered, and each of the
1156 individuals signed the petition in my presence;
1157 I believe that each individual has signed the individual's name and written the
1158 individual's residence correctly and that each signer is registered to vote in Utah; and
1159 Each signature correctly reflects the date on which the individual signed the petition."
1160 (13) For a petition for a candidate to seek the nomination of a registered political party,
1161 the election officer may not certify a signature that is not timely verified in accordance with
1162 Subsection (12).
1163 Section 14. Effective date.
1164 (1) Except as provided in Subsection (2), if approved by two-thirds of all the members
1165 elected to each house, this bill takes effect upon approval by the governor, or the day following
1166 the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
1167 signature, or in the case of a veto, the date of the veto override.
1168 (2) If this bill is not approved by two-thirds of all members elected to each house, this
1169 bill takes effect May 1, 2024.