Signature Gathering Amendments

31
20A-1-102
20A-7-105
20A-7-203
20A-7-204
20A-7-207
20A-7-303
20A-7-304
20A-7-307
20A-7-503
20A-7-504
20A-7-507
20A-7-603
20A-7-604
20A-7-607
20A-7-613
0
Signature Gathering Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K Thurston
Senate Sponsor: Karen Kwan
LONG TITLE
Committee Note:
The Rules Review and General Oversight Committee recommended this bill.
Legislative Vote:
7 voting for
0 voting against
3 absent
General Description:
This bill amends provisions for initiative and referendum petitions.
Highlighted Provisions:
This bill:
modifies certain forms to provide that:
for an individual who signs an initiative or referendum petition, the individual had an
opportunity to read the entire statement included in the initiative or referendum
packet; and
for an individual who gathers signatures for an initiative or referendum petition, the
individual believes that the individual described above had an opportunity to read the
law that is the subject of the petition;
specifies that a person may use a spiral binder to bind together the pages that make up an
initiative or referendum packet;
provides that an individual who gathers signatures for an initiative or referendum petition
may remove a signature sheet from the initiative or referendum packet for the purpose of
gathering signatures; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-1-102
, as last amended by Laws of Utah 2025, First Special Session, Chapter 6
20A-7-105
, as last amended by Laws of Utah 2025, Chapter 448
20A-7-203
, as last amended by Laws of Utah 2024, Chapter 442
20A-7-204
, as last amended by Laws of Utah 2025, Chapter 448
20A-7-207
, as last amended by Laws of Utah 2025, Chapter 448
20A-7-303
, as last amended by Laws of Utah 2024, Chapter 442
20A-7-304
, as last amended by Laws of Utah 2025, Chapter 448
20A-7-307
, as last amended by Laws of Utah 2025, Chapter 448
20A-7-503
, as last amended by Laws of Utah 2024, Chapter 442
20A-7-504
, as last amended by Laws of Utah 2025, Chapter 448
20A-7-507
, as last amended by Laws of Utah 2025, Chapter 448
20A-7-603
, as last amended by Laws of Utah 2024, Chapter 442
20A-7-604
, as last amended by Laws of Utah 2025, Chapter 448
20A-7-607
, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
20A-7-613
, as last amended by Laws of Utah 2025, Chapter 448
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
20A-1-102
is amended to read:
20A-1-102
. Definitions.
As used in this title:
(1)
"Active voter" means a registered voter who has not been classified as an inactive voter
by the county clerk.
(2)
"Automatic tabulating equipment" means apparatus that automatically examines and
counts votes recorded on ballots and tabulates the results.
(3)
(a)
"Ballot" means the storage medium, including a paper, mechanical, or electronic
storage medium, that records an individual voter's vote.
(b)
"Ballot" does not include a record to tally multiple votes.
(4)
"Ballot proposition" means a question, issue, or proposal that is submitted to voters on
the ballot for their approval or rejection including:
(a)
an opinion question specifically authorized by the Legislature;
(b)
a constitutional amendment;
(c)
an initiative;
(d)
a referendum;
(e)
a bond proposition;
(f)
a judicial retention question;
(g)
an incorporation of a city or town; or
(h)
any other ballot question specifically authorized by the Legislature.
(5)
"Bind," "binding," or "bound" means securing more than one piece of paper together
using staples
, a spiral binder,
or another means in at least three places across the top of
the paper in the blank space reserved for securing the paper.
(6)
"Board of canvassers" means the entities established by Sections
20A-4-301
and
20A-4-306
to canvass election returns.
(7)
"Bond election" means an election held for the purpose of approving or rejecting the
proposed issuance of bonds by a government entity.
(8)
"Business day" means a Monday, Tuesday, Wednesday, Thursday, or Friday that is not
a holiday.
(9)
"Business reply mail envelope" means an envelope that may be mailed free of charge by
the sender.
(10)
"Calendar day" means any day, regardless of whether the day is a weekend, a holiday,
a business day, or any other type of day.
(11)
"Canvass" means the review of election returns and the official declaration of election
results by the board of canvassers.
(12)
"Canvassing judge" means a poll worker designated to assist in counting ballots at the
canvass.
(13)
"Contracting election officer" means an election officer who enters into a contract or
interlocal agreement with a provider election officer.
(14)
"Convention" means the political party convention at which party officers and
delegates are selected.
(15)
"Counting center" means one or more locations selected by the election officer in
charge of the election for the automatic counting of ballots.
(16)
"Counting judge" means a poll worker designated to count the ballots during election
day.
(17)
"Counting room" means a suitable and convenient private place or room for use by the
poll workers and counting judges to count ballots.
(18)
"County officers" means those county officers that are required by law to be elected.
(19)
"Date of the election" or "election day" or "day of the election":
(a)
means the day that is specified in the calendar year as the day on which the election
occurs; and
(b)
does not include:
(i)
deadlines established for voting by mail, military-overseas voting, or emergency
voting; or
(ii)
any early voting or early voting period as provided under Chapter
3a, Part 6
,
Early Voting.
(20)
"Elected official" means:
(a)
a person elected to an office under Section
20A-1-303
or Chapter
4, Part 6
,
Municipal Alternate Voting Methods Pilot Project;
(b)
a person who is considered to be elected to a municipal office in accordance with
Subsection
20A-1-206(1)(c)(ii)
; or
(c)
a person who is considered to be elected to a special district office in accordance
with Subsection
20A-1-206(3)(b)(ii)
.
(21)
"Election" means a regular general election, a municipal general election, a statewide
special election, a local special election, a regular primary election, a municipal primary
election, and a special district election.
(22)
"Election Assistance Commission" means the commission established by the Help
America Vote Act of 2002, Pub. L. No. 107-252.
(23)
"Election cycle" means the period beginning on the first day on which individuals are
eligible to file declarations of candidacy and ending when the canvass is completed.
(24)
"Election judge" means a poll worker that is assigned to:
(a)
preside over other poll workers at a polling place;
(b)
act as the presiding election judge; or
(c)
serve as a canvassing judge, counting judge, or receiving judge.
(25)
"Election material" includes:
(a)
the verification documentation described in Subsection
20A-3a-401(9)(b)(iv)
;
(b)
the list of voters contacted to cure a ballot described in Subsection
20A-3a-401(10)(b)
;
(c)
the record of rejected and resolved ballots described in Subsection
20A-3a-401(11)(a)
;
(d)
any chain of custody documentation described in Section
20A-3a-401.1
, including:
(i)
the count of ballots described in Subsection
20A-3a-401.1(3)
; and
(ii)
the batch log described in Subsection
20A-3a-401.1(5)
;
(e)
the record of signature verification audits described in Subsection
20A-3a-402.5(4)
;
(f)
the affidavit of compliance described in Subsection
20A-3a-404(2)
;
(g)
the physical and electronic log of replicated ballots described in Subsection
20A-4-104(3)
;
(h)
the physical or electronic log of adjudicated ballots described in Section
20A-5-802.5
;
(i)
the record of voter database access described in Subsection
20A-5-905(2)
;
(j)
the reports on military and overseas voters described in Section
20A-16-202
;
(k)
scanned copies of return envelopes;
(l)
a copy of the final election results database described in Section
20A-5-802.5
; and
(m)
the materials used in the programming of the automatic tabulating equipment.
(26)
"Election officer" means:
(a)
the lieutenant governor, for all statewide ballots and elections;
(b)
the county clerk for:
(i)
a county ballot and election; and
(ii)
a ballot and election as a provider election officer as provided in Section
20A-5-400.1
or
20A-5-400.5
;
(c)
the municipal clerk for:
(i)
a municipal ballot and election; and
(ii)
a ballot and election as a provider election officer as provided in Section
20A-5-400.1
or
20A-5-400.5
;
(d)
the special district clerk or chief executive officer for:
(i)
a special district ballot and election; and
(ii)
a ballot and election as a provider election officer as provided in Section
20A-5-400.1
or
20A-5-400.5
; or
(e)
the business administrator or superintendent of a school district for:
(i)
a school district ballot and election; and
(ii)
a ballot and election as a provider election officer as provided in Section
20A-5-400.1
or
20A-5-400.5
.
(27)
"Election official" means any election officer, election judge, or poll worker.
(28)
"Election results" means:
(a)
for an election other than a bond election, the count of votes cast in the election and
the election returns requested by the board of canvassers; or
(b)
for bond elections, the count of those votes cast for and against the bond proposition
plus any or all of the election returns that the board of canvassers may request.
(29)
"Election results database" means the following information generated by voting
equipment:
(a)
one or more electronic files that contains a digital interpretation of each ballot that is
counted in an election;
(b)
a ballot image; and
(c)
other information related to a ballot that is adjudicated under Section
20A-4-105
.
(30)
"Election returns" means:
(a)
the pollbook;
(b)
the military and overseas absentee voter registration and voting certificates;
(c)
one of the tally sheets;
(d)
any unprocessed ballots;
(e)
all counted ballots;
(f)
all excess ballots;
(g)
all unused ballots;
(h)
all spoiled ballots;
(i)
all ballot disposition forms, including any provisional ballot disposition forms;
(j)
the final election results database described in Section
20A-5-802.5
;
(k)
all return envelopes;
(l)
any provisional ballot envelopes; and
(m)
the total votes cast form.
(31)
"Electronic signature" means an electronic sound, symbol, or process attached to or
logically associated with a record and executed or adopted by a person with the intent to
sign the record.
(32)
"Holiday" means a legal holiday described in Subsections
63G-1-301(1)
and (2).
(33)
"Inactive voter" means a registered voter who is listed as inactive by a county clerk
under Subsection
20A-2-505(4)(c)(i)
or
(ii)
.
(34)
"Judicial office" means the office filled by any judicial officer.
(35)
"Judicial officer" means any justice or judge of a court of record or any county court
judge.
(36)
"Local election" means a regular county election, a regular municipal election, a
municipal primary election, a local special election, a special district election, and a
bond election.
(37)
"Local political subdivision" means a county, a municipality, a special district, or a
local school district.
(38)
"Local special election" means a special election called by the governing body of a
local political subdivision in which all registered voters of the local political subdivision
may vote.
(39)
"Manual ballot" means a paper document produced by an election officer on which an
individual records an individual's vote by directly placing a mark on the paper document
using a pen or other marking instrument.
(40)
"Mechanical ballot" means a record, including a paper record, electronic record, or
mechanical record, that:
(a)
is created via electronic or mechanical means; and
(b)
records an individual voter's vote cast via a method other than an individual directly
placing a mark, using a pen or other marking instrument, to record an individual
voter's vote.
(41)
"Municipal executive" means:
(a)
the mayor in the council-mayor form of government defined in Section
10-3b-102
; or
(b)
the mayor in the council-manager form of government defined in Subsection
10-3b-103(6)
.
(42)
"Municipal general election" means the election held in municipalities and, as
applicable, special districts on the first Tuesday after the first Monday in November of
each odd-numbered year for the purposes established in Section
20A-1-202
.
(43)
"Municipal legislative body" means the council of the city or town in any form of
municipal government.
(44)
"Municipal office" means an elective office in a municipality.
(45)
"Municipal officers" means those municipal officers that are required by law to be
elected.
(46)
"Municipal primary election" means an election held to nominate candidates for
municipal office.
(47)
"Municipality" means a city or town.
(48)
"Official ballot" means the ballots distributed by the election officer for voters to
record their votes.
(49)
"Official endorsement" means the information on the ballot that identifies:
(a)
the ballot as an official ballot;
(b)
the date of the election; and
(c)
(i)
for a ballot prepared by an election officer other than a county clerk, the
facsimile signature required by Subsection
20A-6-401(1)(a)(iii)
; or
(ii)
for a ballot prepared by a county clerk, the words required by Subsection
20A-6-301(1)(b)(iii)
.
(50)
"Official register" means the official record furnished to election officials by the
election officer that contains the information required by Section
20A-5-401
.
(51)
"Political party" means an organization of registered voters that has qualified to
participate in an election by meeting the requirements of Chapter 8, Political Party
Formation and Procedures.
(52)
(a)
"Poll worker" means a person assigned by an election official to assist with an
election, voting, or counting votes.
(b)
"Poll worker" includes election judges.
(c)
"Poll worker" does not include a watcher.
(53)
"Pollbook" means a record of the names of voters in the order that the voters appear to
cast votes.
(54)
"Polling place" means a building where voting is conducted.
(55)
"Position" means a square, circle, rectangle, or other geometric shape on a ballot in
which the voter marks the voter's choice.
(56)
"Presidential Primary Election" means the election established in
Chapter 9, Part 8,
Presidential Primary Election
.
(57)
"Primary convention" means the political party conventions held during the year of the
regular general election.
(58)
"Protective counter" means a separate counter, which cannot be reset, that:
(a)
is built into a voting machine; and
(b)
records the total number of movements of the operating lever.
(59)
"Provider election officer" means an election officer who enters into a contract or
interlocal agreement with a contracting election officer to conduct an election for the
contracting election officer's local political subdivision in accordance with Section
20A-5-400.1
.
(60)
"Provisional ballot" means a ballot voted provisionally by a person:
(a)
whose name is not listed on the official register at the polling place;
(b)
whose legal right to vote is challenged as provided in this title; or
(c)
whose identity was not sufficiently established by a poll worker.
(61)
"Provisional ballot envelope" means an envelope printed in the form required by
Section
20A-6-105
that is used to identify provisional ballots and to provide information
to verify a person's legal right to vote.
(62)
(a)
"Public figure" means an individual who, due to the individual being considered
for, holding, or having held a position of prominence in a public or private capacity,
or due to the individual's celebrity status, has an increased risk to the individual's
safety.
(b)
"Public figure" does not include an individual:
(i)
elected to public office; or
(ii)
appointed to fill a vacancy in an elected public office.
(63)
"Qualify" or "qualified" means to take the oath of office and begin performing the
duties of the position for which the individual was elected.
(64)
"Receiving judge" means the poll worker that checks the voter's name in the official
register at a polling place and provides the voter with a ballot.
(65)
"Registration form" means a form by which an individual may register to vote under
this title.
(66)
"Regular ballot" means a ballot that is not a provisional ballot.
(67)
"Regular general election" means the election held throughout the state on the first
Tuesday after the first Monday in November of each even-numbered year for the
purposes established in Section
20A-1-201
.
(68)
"Regular primary election" means the election, held on the date specified in Section
20A-1-201.5
, to nominate candidates of political parties and candidates for nonpartisan
local school board positions to advance to the regular general election.
(69)
"Resident" means a person who resides within a specific voting precinct in Utah.
(70)
"Return envelope" means the envelope, described in Subsection
20A-3a-202(4)
,
provided to a voter with a manual ballot:
(a)
into which the voter places the manual ballot after the voter has voted the manual
ballot in order to preserve the secrecy of the voter's vote; and
(b)
that includes the voter affidavit and a place for the voter's signature.
(71)
"Sample ballot" means a mock ballot similar in form to the official ballot, published as
provided in Section
20A-5-405
.
(72)
"Special district" means a local government entity under Title
17B, Limited Purpose
Local Government Entities - Special Districts
, and includes a special service district
under
Title 17D, Chapter 1, Special Service District Act
.
(73)
"Special district officers" means those special district board members who are required
by law to be elected.
(74)
"Special election" means an election held as authorized by Section
20A-1-203
.
(75)
"Spoiled ballot" means each ballot that:
(a)
is spoiled by the voter;
(b)
is unable to be voted because it was spoiled by the printer or a poll worker; or
(c)
lacks the official endorsement.
(76)
"Statewide special election" means a special election called by the governor or the
Legislature in which all registered voters in Utah may vote.
(77)
"Tabulation system" means a device or system designed for the sole purpose of
tabulating votes cast by voters at an election.
(78)
"Ticket" means a list of:
(a)
political parties;
(b)
candidates for an office; or
(c)
ballot propositions.
(79)
"Transfer case" means the sealed box used to transport voted ballots to the counting
center.
(80)
"Vacancy" means:
(a)
except as provided in Subsection
(80)(b)
, the absence of an individual to serve in a
position created by state constitution or state statute, whether that absence occurs
because of death, disability, disqualification, resignation, or other cause; or
(b)
in relation to a candidate for a position created by state constitution or state statute,
the removal of a candidate due to the candidate's death, resignation, or
disqualification.
(81)
"Valid voter identification" means:
(a)
a form of identification that bears the name and photograph of the voter which may
include:
(i)
a currently valid Utah driver license;
(ii)
a currently valid identification card issued under
Title 53, Chapter 3, Part 8,
Identification Card Act
;
(iii)
a currently valid identification card that is issued by:
(A)
the state; or
(B)
a branch, department, or agency of the United States;
(iv)
a currently valid Utah permit to carry a concealed weapon;
(v)
a currently valid United States passport; or
(vi)
a currently valid United States military identification card;
(b)
one of the following identification cards, regardless of whether the card includes a
photograph of the voter:
(i)
a valid tribal identification card;
(ii)
a Bureau of Indian Affairs card; or
(iii)
a tribal treaty card; or
(c)
two forms of identification not listed under Subsection
(81)(a)
or
(b)
but that bear the
name of the voter and provide evidence that the voter resides in the voting precinct,
which may include:
(i)
before January 1, 2029, an original or copy of a current utility bill, dated no more
than 90 calendar days before the date of the election;
(ii)
before January 1, 2029, an original or copy of a bank or other financial account
statement, dated no more than 90 calendar days before the date of the election;
(iii)
a certified birth certificate;
(iv)
a valid social security card;
(v)
an original or copy of a check issued by the state or the federal government, dated
no more than 90 calendar days before the date of the election;
(vi)
an original or copy of a paycheck from the voter's employer, dated no more than
90 calendar days before the date of the election;
(vii)
a currently valid Utah hunting or fishing license;
(viii)
certified naturalization documentation;
(ix)
a currently valid license issued by an authorized agency of the United States;
(x)
a certified copy of court records showing the voter's adoption or name change;
(xi)
a valid Medicaid card, Medicare card, or Electronic Benefits Transfer
Card
card
;
(xii)
a currently valid identification card issued by:
(A)
a local government within the state;
(B)
an employer for an employee; or
(C)
a college, university, technical school, or professional school located within
the state; or
(xiii)
a current Utah vehicle registration.
(82)
"Valid write-in candidate" means a candidate who has qualified as a write-in candidate
by following the procedures and requirements of this title.
(83)
"Vote by mail" means to vote, using a manual ballot that is mailed to the voter, by:
(a)
mailing the ballot to the location designated in the mailing; or
(b)
depositing the ballot in a ballot drop box designated by the election officer.
(84)
"Voter" means an individual who:
(a)
meets the requirements for voting in an election;
(b)
meets the requirements of election registration;
(c)
is registered to vote; and
(d)
is listed in the official register.
(85)
"Voter registration deadline" means the registration deadline provided in Section
20A-2-102.5
.
(86)
"Voting area" means the area within six feet of the voting booths, voting machines,
and ballot box.
(87)
"Voting booth" means:
(a)
the space or compartment within a polling place that is provided for the preparation
of ballots, including the voting enclosure or curtain; or
(b)
a voting device that is free standing.
(88)
"Voting device" means any device provided by an election officer for a voter to vote a
mechanical ballot.
(89)
"Voting precinct" means the smallest geographical voting unit, established under
Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies
.
(90)
"Watcher" means an individual who complies with the requirements described in
Section
20A-3a-801
to become a watcher for an election.
(91)
"Write-in ballot" means a ballot containing any write-in votes.
(92)
"Write-in vote" means a vote cast for an individual, whose name is not printed on the
ballot, in accordance with the procedures established in this title.
Section 2. Section
20A-7-105
is amended to read:
20A-7-105
. Manual petition processes -- Obtaining signatures -- Verification --
Submitting the petition -- Certification of signatures -- Transfer to lieutenant governor --
Removal of signature.
(1)
This section applies only to the manual initiative process and the manual referendum
process.
(2)
As used in this section:
(a)
"Local petition" means:
(i)
a manual local initiative petition described in Part 5, Local Initiatives - Procedures;
or
(ii)
a manual local referendum petition described in Part 6, Local Referenda -
Procedures.
(b)
"Packet" means an initiative packet or referendum packet.
(c)
"Petition" means a local petition or statewide petition.
(d)
"Statewide petition" means:
(i)
a manual statewide initiative petition described in Part 2, Statewide Initiatives; or
(ii)
a manual statewide referendum petition described in Part 3, Statewide Referenda.
(3)
(a)
A Utah voter may sign a statewide petition if the voter is a legal voter.
(b)
A Utah voter may sign a local petition if the voter:
(i)
is a legal voter; and
(ii)
resides in the local jurisdiction.
(4)
(a)
The sponsors shall ensure that the individual in whose presence each signature
sheet was signed:
(i)
is at least 18 years old;
(ii)
verifies each signature sheet by completing the verification printed on the last
page of each packet; and
(iii)
is informed that each signer is required to read and understand:
(A)
for an initiative petition, the law proposed by the initiative; or
(B)
for a referendum petition, the law that the referendum seeks to overturn.
(b)
An individual may not sign the verification printed on the last page of a packet if the
individual signed a signature sheet in the packet.
(5)
(a)
An individual who gathers signatures under this chapter may remove a signature
sheet from a packet for the purpose of gathering signatures.
(b)
If an individual removes a signature sheet under Subsection
(5)(a)
, the individual
shall rebind the signature sheet to the packet from which the signature sheet was
removed immediately after the individual circulates the packet.
(5)
(6)
(a)
The sponsors, or an agent of the sponsors, shall submit a signed and verified
packet to the county clerk of the county in which the packet was circulated before 5
p.m. no later than the earlier of:
(i)
for a statewide initiative:
(A)
the first business day that is at least 30 calendar days after the day on which
the first individual signs the initiative packet;
(B)
the last business day that is no more than 316 calendar days after the day on
which the application for the initiative petition is filed; or
(C)
the February 15 immediately before the next regular general election
immediately after the application is filed under Section
20A-7-202
;
(ii)
for a statewide referendum:
(A)
the first business day that is at least 30 calendar days after the day on which
the first individual signs the referendum packet; or
(B)
the first business day that is at least 40 calendar days after the day on which
the legislative session at which the law passed ends;
(iii)
for a local initiative:
(A)
the first business day that is at least 30 calendar days after the day on which
the first individual signs the initiative packet;
(B)
the last business day that is no more than 316 calendar days after the day on
which the application is filed;
(C)
the April 15 immediately before the next regular general election immediately
after the application is filed under Section
20A-7-502
, if the local initiative is a
county initiative; or
(D)
the April 15 immediately before the next municipal general election
immediately after the application is filed under Section
20A-7-502
, if the local
initiative is a municipal initiative; or
(iv)
for a local referendum:
(A)
the first business day that is at least 30 calendar days after the day on which
the first individual signs the referendum packet; or
(B)
the first business day that is at least 45 calendar days after the day on which
the sponsors receive the items described in Subsection
20A-7-604
(3) from the
local clerk.
(b)
A person may not submit a packet after the applicable deadline described in
Subsection
(5)(a)
(6)(a)
.
(c)
Before delivering an initiative packet to the county clerk under this Subsection
(5)
(6)
, the sponsors shall send an email to each individual who provides a legible, valid
email address on the signature sheet that includes the following:
(i)
the subject of the email shall include the following statement, "Notice Regarding
Your Petition Signature"; and
(ii)
the body of the email shall include the following statement in 12-point type:
"You signed a petition for the following initiative:
[insert title of initiative]
To access a copy of the initiative petition, the initiative, the fiscal impact statement, and
information on the deadline for removing your signature from the petition, please visit the
following link: [insert a uniform resource locator that takes the individual directly to the page
on the lieutenant governor's or county clerk's website that includes the information referred to
in the email]."
(d)
For a statewide initiative, the sponsors shall, no later than 5 p.m. on the day on which
the sponsors submit the last initiative packet to the county clerk, submit to the
lieutenant governor:
(i)
a list containing:
(A)
the name and email address of each individual the sponsors sent, or caused to
be sent, the email described in Subsection
(5)(c)
;
(6)(c);
and
(B)
the date the email was sent;
(ii)
a copy of the email described in Subsection
(5)(c)
(6)(c)
; and
(iii)
the following written verification, completed and signed by each of the sponsors:
"Verification of initiative sponsor State of Utah, County of __________I, __________,
of __________, hereby state, under penalty of perjury, that:
I am a sponsor of the initiative petition entitled ____________________; and
I sent, or caused to be sent, to each individual who provided a legible, valid email
address on a signature sheet submitted to the county clerk in relation to the initiative petition,
the email described in Utah Code Subsection
20A-7-105
(5)(c)
20A-7-105(6)(c)
.
______________________________________________________________ __
(Name)
(Residence Address)
(Date)
.
"
.
(e)
For a local initiative, the sponsors shall, no later than 5 p.m. on the day on which the
sponsors submit the last initiative packet to the local clerk, submit to the local clerk
the items described in Subsection
(5)(d)
(6)(d)
.
(f)
Signatures gathered for an initiative petition are not valid if the sponsors do not
comply with Subsection
(5)(c)
(6)(c)
, (d), or (e).
(6)
(7)
(a)
Within 21 calendar days after the day on which the county clerk receives the
packet, the county clerk shall:
(i)
use the procedures described in Section
20A-1-1002
, or
20A-7-106
if applicable,
to determine whether each signer is a legal voter and, as applicable, the
jurisdiction where the signer is registered to vote;
(ii)
for a statewide initiative or a statewide referendum:
(A)
certify on the petition whether each name is that of a legal voter;
(B)
post the name, voter identification number, and date of signature of each legal
voter certified under Subsection
(6)(a)(ii)(A)
(7)(a)(ii)(A)
on the lieutenant
governor's website, in a conspicuous location designated by the lieutenant
governor; and
(C)
deliver the verified packet to the lieutenant governor;
(iii)
for a local initiative or a local referendum:
(A)
certify on the petition whether each name is that of a legal voter who is
registered in the jurisdiction to which the initiative or referendum relates;
(B)
post the name, voter identification number, and date of signature of each legal
voter certified under Subsection
(6)(a)(iii)(A)

(7)(a)(iii)(A)
on the lieutenant
governor's website, in a conspicuous location designated by the lieutenant
governor; and
(C)
deliver the verified packet to the local clerk.
(b)
For a local initiative or local referendum, the local clerk shall post a link in a
conspicuous location on the local government's website to the posting described in
Subsection
(6)(a)(iii)(B)
(7)(a)(iii)(B)
:
(i)
for a local initiative, during the period of time described in Subsection
20A-7-507
(3)(a); or
(ii)
for a local referendum, during the period of time described in Subsection
20A-7-607
(2)(a)(i).
(7)
(8)
The county clerk may not certify a signature under Subsection
(6)
(7)
:
(a)
on a packet that is not verified in accordance with Subsection
(4)
; or
(b)
that does not have a date of signature next to the signature.
(8)
(9)
(a)
A voter who signs a statewide initiative petition may have the voter's
signature removed from the petition by, in accordance with Section
20A-1-1003
,
submitting to the county clerk a statement requesting that the voter's signature be
removed no later than 5 p.m. the earlier of:
(i)
for an initiative packet received by the county clerk before December 1:
(A)
the first business day that is at least 30 calendar days after the day on which
the voter signs the signature removal statement; or
(B)
the first business day that is at least 90 calendar days after the day on which
the lieutenant governor posts the voter's name under Subsection
20A-7-207
(2);
or
(ii)
for an initiative packet received by the county clerk on or after December 1:
(A)
the first business day that is at least 30 calendar days after the day on which
the voter signs the signature removal statement; or
(B)
the first business day that is at least 45 calendar days after the day on which
the lieutenant governor posts the voter's name under Subsection
20A-7-207
(2).
(b)
A voter who signs a statewide referendum petition may have the voter's signature
removed from the petition by, in accordance with Section
20A-1-1003
, submitting to
the county clerk a statement requesting that the voter's signature be removed no later
than 5 p.m. the earlier of:
(i)
the first business day that is at least 30 calendar days after the day on which the
voter signs the statement requesting removal; or
(ii)
the first business day that is at least 45 calendar days after the day on which the
lieutenant governor posts the voter's name under Subsection
20A-7-307
(2).
(c)
A voter who signs a local initiative petition may have the voter's signature removed
from the petition by, in accordance with Section
20A-1-1003
, submitting to the
county clerk a statement requesting that the voter's signature be removed no later than
5 p.m. the earlier of:
(i)
the first business day that is at least 30 calendar days after the day on which the
voter signs the signature removal statement;
(ii)
the first business day that is at least 90 calendar days after the day on which the
local clerk posts the voter's name under Subsection
20A-7-507
(2);
(iii)
the last business day that is no more than 316 calendar days after the day on
which the application is filed; or
(iv)
(A)
for a county initiative, April 15 immediately before the next regular
general election immediately after the application is filed under Section
20A-7-502
; or
(B)
for a municipal initiative, April 15 immediately before the next municipal
general election immediately after the application is filed under Section
20A-7-502
.
(d)
A voter who signs a local referendum petition may have the voter's signature
removed from the petition by, in accordance with Section
20A-1-1003
, submitting to
the county clerk a statement requesting that the voter's signature be removed no later
than 5 p.m. the earlier of:
(i)
the first business day that is at least 30 calendar days after the day on which the
voter signs the statement requesting removal; or
(ii)
the first business day that is at least 45 calendar days after the day on which the
local clerk posts the voter's name under Subsection
20A-7-607
(2)(a).
(e)
In order for the signature to be removed, the county clerk must receive the statement
described in this Subsection
(8)

(9)
before 5 p.m. no later than the applicable
deadline described in this Subsection

(8)
(9)
.
(f)
A county clerk shall analyze a signature, for purposes of removing a signature from a
petition, in accordance with Subsection
20A-1-1003
(3).
(9)
(10)
(a)
If the county clerk timely receives a statement requesting signature removal
under Subsection
(8)
(9)
and determines that the signature should be removed from
the petition under Subsection
20A-1-1003
(3), the county clerk shall:
(i)
ensure that the voter's name, voter identification number, and date of signature are
not included in the posting described in Subsection
(6)(a)(ii)(B)
(7)(a)(ii)(B)
or
(iii)(B)
; and
(ii)
remove the voter's signature from the signature packets and signature packet
totals.
(b)
The county clerk shall comply with Subsection
(9)(a)
(10)(a)
before the later of:
(i)
the deadline described in Subsection
(6)(a)
(7)(a)
; or
(ii)
two business days after the day on which the county clerk receives a statement
requesting signature removal under Subsection
(8)
(9)
.
(10)
(11)
A person may not retrieve a packet from a county clerk, or make any alterations
or corrections to a packet, after the packet is submitted to the county clerk.
Section 3. Section
20A-7-203
is amended to read:
20A-7-203
. Manual initiative process -- Form of initiative petition and signature
sheets.
(1)
This section applies only to the manual initiative process.
(2)
(a)
Each proposed initiative petition shall be printed in substantially the following form:
"INITIATIVE PETITION To the Honorable ____, Lieutenant Governor:
We, the undersigned citizens of Utah, respectfully demand that the following proposed
law be submitted to the legal voters/Legislature of Utah for their/its approval or rejection at the
regular general election/session to be held/ beginning on _________(month\day\year);
Each signer says:
I have personally signed this initiative petition or, if I am an individual with a qualifying
disability, I have signed this initiative petition by directing the signature gatherer to enter the
initials "AV" as my signature;
The date next to my signature correctly reflects the date that I actually signed the
initiative petition;
I
have
personally
had an opportunity to
read the entire statement included with this
packet;
I am registered to vote in Utah; and
My residence and post office address are written correctly after my name.
NOTICE TO SIGNERS:
Public hearings to discuss this initiative were held at: (list dates and locations of public
hearings.)".
(b)
If the initiative proposes a tax increase, the following statement shall appear, in at least
14-point, bold type, immediately following the information described in Subsection
(2)(a)
:
"This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
increase in the current tax rate."
.
(c)
The sponsors of an initiative or an agent of the sponsors shall attach a copy of the
proposed law to each initiative petition.
(3)
Each initiative signature sheet shall:
(a)
be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
(b)
be ruled with a horizontal line
three-fourths
.75
inch from the top, with the space
above that line blank for the purpose of binding;
(c)
include the title of the initiative printed below the horizontal line, in at least 14-point,
bold type;
(d)
include a table immediately below the title of the initiative, and beginning .5 inch
from the left side of the paper, as follows:
(i)
the first column shall be .5 inch wide and include three rows;
(ii)
the first row of the first column shall be .85 inch tall and contain the words "For
Office Use Only" in 10-point type;
(iii)
the second row of the first column shall be .35 inch tall;
(iv)
the third row of the first column shall be .5 inch tall;
(v)
the second column shall be 2.75 inches wide;
(vi)
the first row of the second column shall be .35 inch tall and contain the words
"Registered Voter's Printed Name (must be legible to be counted)" in 10-point
type;
(vii)
the second row of the second column shall be .5 inch tall;
(viii)
the third row of the second column shall be .35 inch tall and contain the words
"Street Address, City, Zip Code" in 10-point type;
(ix)
the fourth row of the second column shall be .5 inch tall;
(x)
the third column shall be 2.75 inches wide;
(xi)
the first row of the third column shall be .35 inch tall and contain the words
"Signature of Registered Voter" in 10-point type;
(xii)
the second row of the third column shall be .5 inch tall;
(xiii)
the third row of the third column shall be .35 inch tall and contain the words
"Email Address (optional, to receive additional information)" in 10-point type;
(xiv)
the fourth row of the third column shall be .5 inch tall;
(xv)
the fourth column shall be one inch wide;
(xvi)
the first row of the fourth column shall be .35 inch tall and contain the words
"Date Signed" in 10-point type;
(xvii)
the second row of the fourth column shall be .5 inch tall;
(xviii)
the third row of the fourth column shall be .35 inch tall and contain the words
"Birth Date or Age (optional)" in 10-point type;
(xix)
the fourth row of the third column shall be .5 inch tall; and
(xx)
the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
and contain the following statement, "By signing this initiative petition, you are
stating that you
have
had an opportunity to
read and understand the law proposed
by this initiative petition." in 12-point type;
(e)
the table described in Subsection
(3)(d)
shall be repeated, leaving sufficient room at
the bottom of the sheet for the information described in Subsection
(3)(f)
; and
(f)
at the bottom of the sheet, include in the following order:
(i)
the words "Fiscal Impact of" followed by the title of the initiative, in at least
12-point, bold type;
(ii)
except as provided in Subsection
(5)
, the initial fiscal impact statement issued by
the Office of the Legislative Fiscal Analyst in accordance with Subsection
20A-7-202.5(2)(a)
, including any update in accordance with Subsection
20A-7-204.1(5)
, in not less than 12-point type;
(iii)
if the initiative proposes a tax increase, the following statement in 12-point, bold type:
"This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
increase in the current tax rate."; and
(iv)
the word "Warning," in 12-point, bold type, followed by the following statement in not
less than eight-point type:
"It is a class A misdemeanor for an individual to sign an initiative petition with a name
other than the individual's own name, or to knowingly sign the individual's name more than
once for the same initiative petition, or to sign an initiative petition when the individual knows
that the individual is not a registered voter.
Birth date or age information is not required, but it may be used to verify your identity
with voter registration records. If you choose not to provide it, your signature may not be
verified as a valid signature if you change your address before petition signatures are verified
or if the information you provide does not match your voter registration records."
(4)
The final page of each initiative packet shall contain the following printed or typed
statement:
"
Verification of signature collector
State of Utah, County of ____
I, _______________, of ____, hereby state, under penalty of perjury, that:
I am at least 18 years old;
All the names that appear in this initiative packet were signed by individuals who
professed to be the individuals whose names appear in it, and each of the individuals signed
the individual's name on it in my presence or, in the case of an individual with a qualifying
disability, I have signed this initiative petition on the individual's behalf, at the direction of the
individual and in the individual's presence, by entering the initials "AV" as the individual's
signature;
I certify that, for each individual whose signature is represented in this initiative
packet by the initials "AV":
I obtained the individual's voluntary direction or consent to sign the initiative
petition on the individual's behalf;
I do not believe, or have reason to believe, that the individual lacked the mental
capacity to give direction or consent;
I do not believe, or have reason to believe, that the individual did not
understand the purpose or nature of my signing the initiative petition on the individual's behalf;
I did not intentionally or knowingly deceive the individual into directing me to,
or consenting for me to, sign the initiative petition on the individual's behalf; and
I did not intentionally or knowingly enter false information on the signature
sheet;
I did not knowingly make a misrepresentation of fact concerning the law proposed by
the initiative;
I believe that each individual's name, post office address, and residence is written
correctly, that each signer
has
had an opportunity to
read the law proposed by the initiative,
and that each signer is registered to vote in Utah;
The correct date of signature appears next to each individual's name; and
I have not paid or given anything of value to any individual who signed this initiative
packet to encourage that individual to sign it.
______________________________________________________________________
(Name)
(Residence Address) (Date)
."
(5)
If the initial fiscal impact statement described in Subsection
(3)(f)(ii)
, as updated in
accordance with Subsection
20A-7-204.1(5)
, exceeds 200 words, the Office of the
Legislative Fiscal Analyst shall prepare a shorter summary statement, for the purpose of
inclusion on an initiative signature sheet, that does not exceed 200 words.
(6)
If the forms described in this section are substantially followed, the initiative petitions
are sufficient, notwithstanding clerical and merely technical errors.
Section 4. Section
20A-7-204
is amended to read:
20A-7-204
. Manual initiative process -- Circulation requirements -- Lieutenant
governor to provide sponsors with materials.
(1)
This section applies only to the manual initiative process.
(2)
In order to obtain the necessary number of signatures required by this part, the sponsors
or an agent of the sponsors shall, after the sponsors receive the documents described in
Subsection
(3)
, circulate initiative packets that meet the form requirements of this part.
(3)
The lieutenant governor shall provide the sponsors with a copy of the initiative petition
and a signature sheet no later than the first business day that is at least three calendar
days after the day on which the following conditions are fulfilled:
(a)
the sponsors hold the final hearing required under Section
20A-7-204.1
;
(b)
the sponsors provide to the Office of the Lieutenant Governor the video tape, audio
tape, or comprehensive minutes described in Subsection
20A-7-204.1(4)
for each
public hearing described in Section
20A-7-204.1
;
(c)
(i)
the sponsors give written notice to the Office of the Lieutenant Governor that
the sponsors waive the opportunity to change the text of the proposed law under
Subsection
20A-7-204.1(5)
;
(ii)
the deadline, described in Subsection
20A-7-204.1(5)(a)
, for changing the text of
the proposed law passes without the sponsors filing an application addendum in
accordance with Subsection
20A-7-204.1(5)
; or
(iii)
if the sponsors file an application addendum in accordance with Subsection
20A-7-204.1(5)
, the Office of the Legislative Fiscal Analyst provides to the Office
of the Lieutenant Governor:
(A)
an updated initial fiscal impact statement, in accordance with Subsection
20A-7-204.1(5)(b)
; or
(B)
a written notice indicating that no changes to the initial fiscal impact statement
are necessary;
(d)
(i)
the sponsors give written notice to the Office of the Lieutenant Governor that
the sponsors waive the opportunity to:
(A)
challenge the initial fiscal impact statement in court; and
(B)
if applicable, challenge the updated initial fiscal impact statement in court;
(ii)
the deadline, described in Subsection
20A-7-202.5(4)(a)(i)
, for:
(A)
challenging the initial fiscal impact statement in court passes without the
sponsors filing a petition to challenge; and
(B)
if applicable, challenging the updated initial fiscal impact statement in court
passes without the sponsors filing a petition to challenge; or
(iii)
if the sponsors timely file a petition challenging the initial fiscal impact
statement in court or, if applicable, the updated initial fiscal impact statement in
court, and the court's decision becomes final; and
(e)
the sponsors sign an agreement, under Subsection
(6)(a)
, with the Office of the
Lieutenant Governor specifying the range of numbers that the sponsors will use to
number the initiative packets.
(4)
The sponsors of the initiative shall:
(a)
arrange and pay for the printing of all documents that are part of the initiative
packets; and
(b)
ensure that the initiative packets and the documents described in Subsection
(4)(a)

meet the requirements of this part.
(5)
(a)
The sponsors or an agent of the sponsors may prepare the initiative packets for
circulation by creating multiple initiative packets.
(b)
The
Subject to Subsection
20A-7-105(5)
, the
sponsors or an agent of the sponsors
shall create the initiative packets by binding a copy of the initiative petition with the
text of the proposed law, including any modification made under Subsection
20A-7-204.1(5)
and no more than 50 signature sheets together at the top in a manner
that the initiative packets may be conveniently opened for signing.
(c)
An initiative packet is not required to have a uniform number of signature sheets.
(6)
(a)
The sponsors or an agent of the sponsors shall, before gathering signatures:
(i)
contact the lieutenant governor's office to receive a range of numbers that the
sponsors may use to number initiative packets;
(ii)
sign an agreement with the Office of the Lieutenant Governor, specifying the
range of numbers that the sponsors will use to number the initiative packets; and
(iii)
number each initiative packet, sequentially, within the range of numbers
provided by the lieutenant governor's office, starting with the lowest number in
the range.
(b)
The sponsors or an agent of the sponsors may not:
(i)
number an initiative packet in a manner not directed by the lieutenant governor's
office; or
(ii)
circulate or submit an initiative packet that is not numbered in the manner
directed by the lieutenant governor's office.
Section 5. Section
20A-7-207
is amended to read:
20A-7-207
. Evaluation by the lieutenant governor.
(1)
In relation to the manual initiative process, when the lieutenant governor receives an
initiative packet from a county clerk, the lieutenant governor shall record the number of
the initiative packet received.
(2)
The county clerk shall:
(a)
in relation to the manual initiative process:
(i)
post the names, voter identification numbers, and dates of signatures described in
Subsection
20A-7-105(6)(a)(iii)
20A-7-105(7)(a)(iii)
on the lieutenant governor's
website, in a conspicuous location designated by the lieutenant governor:
(A)
for an initiative packet received by the county clerk before December 1, for at
least 90 calendar days; or
(B)
for an initiative packet received by the county clerk on or after December 1,
for at least 45 calendar days; and
(ii)
update on the lieutenant governor's website the number of signatures certified as
of the date of the update; or
(b)
in relation to the electronic initiative process:
(i)
post the names, voter identification numbers, and dates of signatures described in
Subsection
20A-7-217(4)
on the lieutenant governor's website, in a conspicuous
location designated by the lieutenant governor:
(A)
for a signature received by the county clerk before December 1, for at least 90
calendar days; or
(B)
for a signature received by the county clerk on or after December 1, for at
least 45 calendar days; and
(ii)
update on the lieutenant governor's website the number of signatures certified as
of the date of the update.
(3)
The lieutenant governor:
(a)
shall, except as provided in Subsection
(3)(b)
, declare the initiative petition to be
sufficient or insufficient on April 30 before the regular general election described in
Subsection
20A-7-201(2)(b)
; or
(b)
may declare the initiative petition to be insufficient before the day described in
Subsection
(3)(a)
if:
(i)
in relation to the manual initiative process, the total of all valid signatures on
timely and lawfully submitted initiative packets that have been certified by the
county clerks, plus the number of signatures on timely and lawfully submitted
initiative packets that have not yet been evaluated for certification, is less than the
number of names required under Section
20A-7-201
;
(ii)
in relation to the electronic initiative process, the total of all timely and lawfully
submitted valid signatures that have been certified by the county clerks, plus the
number of timely and lawfully submitted valid signatures received under
Subsection
20A-21-201(6)(b)
that have not yet been evaluated for certification, is
less than the number of names required under Section
20A-7-201
; or
(iii)
a requirement of this part has not been met.
(4)
(a)
If the total number of names certified under Subsection
(3)
equals or exceeds the
number of names required under Section
20A-7-201
, and the requirements of this
part are met, the lieutenant governor shall mark upon the front of the initiative
petition the word "sufficient."
(b)
If the total number of names certified under Subsection
(3)
does not equal or exceed
the number of names required under Section
20A-7-201
or a requirement of this part
is not met, the lieutenant governor shall mark upon the front of the initiative petition
the word "insufficient."
(c)
The lieutenant governor shall immediately notify any one of the sponsors of the
lieutenant governor's finding.
(5)
After an initiative petition is declared insufficient, a person may not submit additional
signatures to qualify the initiative for the ballot.
(6)
(a)
If the lieutenant governor refuses to declare an initiative petition sufficient that a
voter believes is legally sufficient, the voter may, no later than May 15, apply to the
appropriate court for an order finding the initiative petition legally sufficient.
(b)
If the court determines that the initiative petition is legally sufficient, the lieutenant
governor shall mark the petition "sufficient" and consider the declaration of
sufficiency effective as of the date on which the initiative petition should have been
declared sufficient by the lieutenant governor's office.
(c)
If the court determines that the initiative petition is not legally sufficient, the court
may enjoin the lieutenant governor and all other officers from certifying or printing
the ballot title and numbers of that measure on the official ballot.
(7)
An initiative petition determined to be sufficient in accordance with this section is
qualified for the ballot.
Section 6. Section
20A-7-303
is amended to read:
20A-7-303
. Manual referendum process -- Form of referendum petition and
signature sheets.
(1)
This section applies only to the manual referendum process.
(2)
(a)
Each proposed referendum petition shall be printed in substantially the following form:
"REFERENDUM PETITION To the Honorable ____, Lieutenant Governor:
We, the undersigned citizens of Utah, respectfully order that Senate (or House) Bill No.
____, entitled (title of act, and, if the petition is against less than the whole act, set forth here
the part or parts on which the referendum is sought), passed by the Legislature of the state of
Utah during the ____ Session, be referred to the people of Utah for their approval or rejection
at a regular general election or a statewide special election;
Each signer says:
I have personally signed this referendum petition or, if I am an individual with a
qualifying disability, I have signed this referendum petition by directing the signature gatherer
to enter the initials "AV" as my signature;
The date next to my signature correctly reflects the date that I actually signed the
referendum petition;
I
have
personally
had an opportunity to
read the entire statement included with this
referendum packet;
I am registered to vote in Utah; and
My residence and post office address are written correctly after my name."
.
(b)
The sponsors of a referendum or an agent of the sponsors shall attach a copy of the
law that is the subject of the referendum to each referendum petition.
(3)
Each referendum signature sheet shall:
(a)
be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
(b)
be ruled with a horizontal line
three-fourths
.75
inch from the top, with the space
above that line blank for the purpose of binding;
(c)
include the title of the referendum printed below the horizontal line, in at least
14-point, bold type;
(d)
include a table immediately below the title of the referendum, and beginning .5 inch
from the left side of the paper, as follows:
(i)
the first column shall be .5 inch wide and include three rows;
(ii)
the first row of the first column shall be .85 inch tall and contain the words "For
Office Use Only" in 10-point type;
(iii)
the second row of the first column shall be .35 inch tall;
(iv)
the third row of the first column shall be .5 inch tall;
(v)
the second column shall be 2.75 inches wide;
(vi)
the first row of the second column shall be .35 inch tall and contain the words
"Registered Voter's Printed Name (must be legible to be counted)" in 10-point
type;
(vii)
the second row of the second column shall be .5 inch tall;
(viii)
the third row of the second column shall be .35 inch tall and contain the words
"Street Address, City, Zip Code" in 10-point type;
(ix)
the fourth row of the second column shall be .5 inch tall;
(x)
the third column shall be 2.75 inches wide;
(xi)
the first row of the third column shall be .35 inch tall and contain the words
"Signature of Registered Voter" in 10-point type;
(xii)
the second row of the third column shall be .5 inch tall;
(xiii)
the third row of the third column shall be .35 inch tall and contain the words
"Email Address (optional, to receive additional information)" in 10-point type;
(xiv)
the fourth row of the third column shall be .5 inch tall;
(xv)
the fourth column shall be one inch wide;
(xvi)
the first row of the fourth column shall be .35 inch tall and contain the words
"Date Signed" in 10-point type;
(xvii)
the second row of the fourth column shall be .5 inch tall;
(xviii)
the third row of the fourth column shall be .35 inch tall and contain the words
"Birth Date or Age (optional)" in 10-point type;
(xix)
the fourth row of the third column shall be .5 inch tall; and
(xx)
the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
and contain the following words "By signing this referendum petition, you are
stating that you
have
had an opportunity to
read and understand the law that this
referendum petition seeks to overturn." in 12-point type;
(e)
the table described in Subsection
(3)(d)
shall be repeated, leaving sufficient room at
the bottom of the sheet for the information described in Subsection
(3)(f)
; and
(f)
at the bottom of the sheet, include the word "Warning," in 12-point, bold type, followed by
the following statement in not less than eight-point type:
"It is a class A misdemeanor for an individual to sign a referendum petition with a name
other than the individual's own name, or to knowingly sign the individual's name more than
once for the same referendum petition, or to sign a referendum petition when the individual
knows that the individual is not a registered voter.
Birth date or age information is not required, but it may be used to verify your identity
with voter registration records. If you choose not to provide it, your signature may not be
verified as a valid signature if you change your address before petition signatures are verified
or if the information you provide does not match your voter registration records."
(4)
The final page of each referendum packet shall contain the following printed or typed
statement:
"
Verification of signature collector
State of Utah, County of ____
I, _______________, of ____, hereby state, under penalty of perjury, that:
I am at least 18 years old;
All the names that appear in this referendum packet were signed by individuals who
professed to be the individuals whose names appear in it, and each of the individuals signed
the individual's name on it in my presence or, in the case of an individual with a qualifying
disability, I have signed this referendum petition on the individual's behalf, at the direction of
the individual and in the individual's presence, by entering the initials "AV" as the individual's
signature;
I certify that, for each individual whose signature is represented in this referendum
packet by the initials "AV":
I obtained the individual's voluntary direction or consent to sign the referendum
petition on the individual's behalf;
I do not believe, or have reason to believe, that the individual lacked the mental
capacity to give direction or consent;
I do not believe, or have reason to believe, that the individual did not
understand the purpose or nature of my signing the referendum petition on the individual's
behalf;
I did not intentionally or knowingly deceive the individual into directing me to,
or consenting for me to, sign the referendum petition on the individual's behalf; and
I did not intentionally or knowingly enter false information on the signature
sheet;
I did not knowingly make a misrepresentation of fact concerning the law this petition
seeks to overturn;
I believe that each individual's name, post office address, and residence is written
correctly, that each signer
has
had an opportunity to
read the law that the referendum seeks to
overturn, and that each signer is registered to vote in Utah;
The correct date of signature appears next to each individual's name; and
I have not paid or given anything of value to any individual who signed this referendum
packet to encourage that individual to sign it.
________________________________________________________________________
(Name)
(Residence Address) (Date)
."
.
(5)
If the forms described in this section are substantially followed, the referendum
petitions are sufficient, notwithstanding clerical and merely technical errors.
Section 7. Section
20A-7-304
is amended to read:
20A-7-304
. Manual referendum process -- Circulation requirements --
Lieutenant governor to provide sponsors with materials.
(1)
This section applies only to the manual referendum process.
(2)
In order to obtain the necessary number of signatures required by this part, the sponsors
or an agent of the sponsors shall, after the sponsors receive the documents described in
Subsection
(3)
, circulate referendum packets that meet the form requirements of this part.
(3)
The lieutenant governor shall provide the sponsors with a copy of the referendum
petition and a signature sheet no later than the first business day that is at least five
calendar days after the day on which the sponsors sign an agreement, under Subsection
(6)(a)
, with the Office of the Lieutenant Governor specifying the range of numbers that
the sponsors will use to number the referendum packets.
(4)
The sponsors of the referendum petition shall:
(a)
arrange and pay for the printing of all documents that are part of the referendum
packets; and
(b)
ensure that the referendum packets and the documents described in Subsection
(4)(a)

meet the form requirements of this section.
(5)
(a)
The sponsors or an agent of the sponsors may prepare the referendum packets for
circulation by creating multiple referendum packets.
(b)
The
Subject to Subsection
20A-7-105(5)
, the
sponsors or an agent of the sponsors
shall create referendum packets by binding a copy of the referendum petition with the
text of the law that is the subject of the referendum and no more than 50 signature
sheets together at the top in a manner that the referendum packets may be
conveniently opened for signing.
(c)
A referendum packet is not required to have a uniform number of signature sheets.
(6)
(a)
The sponsors or an agent of the sponsors shall, before gathering signatures:
(i)
contact the lieutenant governor's office to receive a range of numbers that the
sponsors may use to number referendum packets;
(ii)
sign an agreement with the Office of the Lieutenant Governor, specifying the
range of numbers that the sponsor will use to number the referendum packets; and
(iii)
number each referendum packet, sequentially, within the range of numbers
provided by the lieutenant governor's office, starting with the lowest number in
the range.
(b)
The sponsors or an agent of the sponsors may not:
(i)
number a referendum packet in a manner not directed by the lieutenant governor's
office; or
(ii)
circulate or submit a referendum packet that is not numbered in the manner
directed by the lieutenant governor's office.
Section 8. Section
20A-7-307
is amended to read:
20A-7-307
. Evaluation by the lieutenant governor.
(1)
In relation to the manual referendum process, when the lieutenant governor receives a
referendum packet from a county clerk, the lieutenant governor shall record the number
of the referendum packet received.
(2)
The county clerk shall:
(a)
in relation to the manual referendum process:
(i)
post the names, voter identification numbers, and dates of signatures described in
Subsection
20A-7-105(6)(a)(iii)
20A-7-105(7)(a)(iii)
on the lieutenant governor's
website, in a conspicuous location designated by the lieutenant governor, for at
least 45 calendar days; and
(ii)
update on the lieutenant governor's website the number of signatures certified as
of the date of the update; or
(b)
in relation to the electronic referendum process:
(i)
post the names, voter identification numbers, and dates of signatures described in
Subsection
20A-7-315(4)
on the lieutenant governor's website, in a conspicuous
location designated by the lieutenant governor, for at least 45 calendar days; and
(ii)
update on the lieutenant governor's website the number of signatures certified as
of the date of the update.
(3)
The lieutenant governor:
(a)
shall, except as provided in Subsection
(3)(b)
, declare the referendum petition to be
sufficient or insufficient 106 calendar days after the end of the legislative session at
which the law passed; or
(b)
may declare the referendum petition to be insufficient before the day described in
Subsection
(3)(a)
if:
(i)
in relation to the manual referendum process, the total of all valid signatures on
timely and lawfully submitted referendum packets that have been certified by the
county clerks, plus the number of signatures on timely and lawfully submitted
referendum packets that have not yet been evaluated for certification, is less than
the number of names required under Section
20A-7-301
;
(ii)
in relation to the electronic referendum process, the total of all timely and
lawfully submitted valid signatures that have been certified by the county clerks,
plus the number of timely and lawfully submitted valid signatures received under
Subsection
20A-21-201(6)(b)
that have not yet been evaluated for certification, is
less than the number of names required under Section
20A-7-301
; or
(iii)
a requirement of this part has not been met.
(4)
(a)
If the total number of names certified under Subsection
(3)
equals or exceeds the
number of names required under Section
20A-7-301
, and the requirements of this
part are met, the lieutenant governor shall mark upon the front of the referendum
petition the word "sufficient."
(b)
If the total number of names certified under Subsection
(3)
does not equal or exceed
the number of names required under Section
20A-7-301
or a requirement of this part
is not met, the lieutenant governor shall mark upon the front of the referendum
petition the word "insufficient."
(c)
The lieutenant governor shall immediately notify any one of the sponsors of the
lieutenant governor's finding.
(d)
After a referendum petition is declared insufficient, a person may not submit
additional signatures to qualify the referendum for the ballot.
(5)
(a)
If the lieutenant governor refuses to declare a referendum petition sufficient that a
voter believes is legally sufficient, the voter may, no later than 10 days after the day
on which the lieutenant governor declares the petition insufficient, apply to the
appropriate court for an order finding the referendum petition legally sufficient.
(b)
If the court determines that the referendum petition is legally sufficient, the
lieutenant governor shall mark the referendum petition "sufficient" and consider the
declaration of sufficiency effective as of the date on which the referendum petition
should have been declared sufficient by the lieutenant governor's office.
(c)
If the court determines that a referendum petition filed is not legally sufficient, the
court may enjoin the lieutenant governor and all other officers from certifying or
printing the ballot title and numbers of that measure on the official ballot.
(6)
A referendum petition determined to be sufficient in accordance with this section is
qualified for the ballot.
Section 9. Section
20A-7-503
is amended to read:
20A-7-503
. Manual initiative process -- Form of initiative petition and signature
sheet.
(1)
This section applies only to the manual initiative process.
(2)
(a)
Each proposed initiative petition shall be printed in substantially the following form:
"INITIATIVE PETITION To the Honorable ____, County Clerk/City Recorder/Town
Clerk:
We, the undersigned citizens of Utah, respectfully demand that the following proposed
law be submitted to: the legislative body for its approval or rejection at its next meeting; and
the legal voters of the county/city/town, if the legislative body rejects the proposed law or
takes no action on it.
Each signer says:
I have personally signed this initiative petition or, if I am an individual with a qualifying
disability, I have signed this initiative petition by directing the signature gatherer to enter the
initials "AV" as my signature;
The date next to my signature correctly reflects the date that I actually signed the
petition;
I
have
personally
had an opportunity to
read the entire statement included with this
packet;
I am registered to vote in Utah; and
My residence and post office address are written correctly after my name."
(b)
If the initiative proposes a tax increase, the following statement shall appear, in at least
14-point, bold type, immediately following the information described in Subsection
(2)(a)
:
"This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
increase in the current tax rate."
(c)
The sponsors of an initiative or an agent of the sponsors shall attach a copy of the
proposed law to each initiative petition.
(3)
Each initiative signature sheet shall:
(a)
be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
(b)
be ruled with a horizontal line
three-fourths
.75
inch from the top, with the space
above that line blank for the purpose of binding;
(c)
include the title of the initiative printed below the horizontal line, in at least 14-point,
bold type;
(d)
include a table immediately below the title of the initiative, and beginning .5 inch
from the left side of the paper, as follows:
(i)
the first column shall be .5 inch wide and include three rows;
(ii)
the first row of the first column shall be .85 inch tall and contain the words "For
Office Use Only" in 10-point type;
(iii)
the second row of the first column shall be .35 inch tall;
(iv)
the third row of the first column shall be .5 inch tall;
(v)
the second column shall be 2.75 inches wide;
(vi)
the first row of the second column shall be .35 inch tall and contain the words
"Registered Voter's Printed Name (must be legible to be counted)" in 10-point
type;
(vii)
the second row of the second column shall be .5 inch tall;
(viii)
the third row of the second column shall be .35 inch tall and contain the words
"Street Address, City, Zip Code" in 10-point type;
(ix)
the fourth row of the second column shall be .5 inch tall;
(x)
the third column shall be 2.75 inches wide;
(xi)
the first row of the third column shall be .35 inch tall and contain the words
"Signature of Registered Voter" in 10-point type;
(xii)
the second row of the third column shall be .5 inch tall;
(xiii)
the third row of the third column shall be .35 inch tall and contain the words
"Email Address (optional, to receive additional information)" in 10-point type;
(xiv)
the fourth row of the third column shall be .5 inch tall;
(xv)
the fourth column shall be one inch wide;
(xvi)
the first row of the fourth column shall be .35 inch tall and contain the words
"Date Signed" in 10-point type;
(xvii)
the second row of the fourth column shall be .5 inch tall;
(xviii)
the third row of the fourth column shall be .35 inch tall and contain the words
"Birth Date or Age (optional)" in 10-point type;
(xix)
the fourth row of the third column shall be .5 inch tall; and
(xx)
the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
and contain the following words "By signing this initiative petition, you are
stating that you
have
had an opportunity to
read and understand the law proposed
by this initiative petition." in 12-point type;
(e)
the table described in Subsection
(3)(d)
shall be repeated, leaving sufficient room at
the bottom of the sheet for the information described in Subsection
(3)(f)
; and
(f)
at the bottom of the sheet, include in the following order:
(i)
the words "Fiscal and legal impact of" followed by the title of the initiative, in at
least 12-point, bold type;
(ii)
the summary statement in the initial fiscal impact and legal statement issued by
the budget officer in accordance with Subsection
20A-7-502.5(2)(b)
and the cost
estimate for printing and distributing information related to the initiative petition
in accordance with Subsection
20A-7-502.5(3)
, in not less than 12-point, bold
type;
(iii)
if the initiative proposes a tax increase, the following statement in 12-point, bold type:
"This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
increase in the current tax rate."; and
(iv)
the word "Warning," in 12-point, bold type, followed by the following statement in not
less than eight-point type:
"It is a class A misdemeanor for an individual to sign an initiative petition with a name
other than the individual's own name, or to knowingly sign the individual's name more than
once for the same initiative petition, or to sign an initiative petition when the individual knows
that the individual is not a registered voter.
Birth date or age information is not required, but it may be used to verify your identity
with voter registration records. If you choose not to provide it, your signature may not be
verified as a valid signature if you change your address before petition signatures are verified
or if the information you provide does not match your voter registration records."
(4)
The final page of each initiative packet shall contain the following printed or typed
statement:
"Verification of signature collector
State of Utah, County of ____
I, _______________, of ____, hereby state, under penalty of perjury, that:
I am at least 18 years old;
All the names that appear in this packet were signed by individuals who professed to be
the individuals whose names appear in it, and each of the individuals signed the individual's
name on it in my presence or, in the case of an individual with a qualifying disability, I have
signed this initiative petition on the individual's behalf, at the direction of the individual and in
the individual's presence, by entering the initials "AV" as the individual's signature;
I certify that, for each individual whose signature is represented in this initiative
packet by the initials "AV":
I obtained the individual's voluntary direction or consent to sign the initiative
petition on the individual's behalf;
I do not believe, or have reason to believe, that the individual lacked the mental
capacity to give direction or consent;
I do not believe, or have reason to believe, that the individual did not
understand the purpose or nature of my signing the initiative petition on the individual's behalf;
I did not intentionally or knowingly deceive the individual into directing me to,
or consenting for me to, sign the initiative petition on the individual's behalf; and
I did not intentionally or knowingly enter false information on the signature
sheet;
I did not knowingly make a misrepresentation of fact concerning the law proposed by
the initiative; and
I believe that each individual's name, post office address, and residence is written
correctly, that each signer
has
had an opportunity to
read the law proposed by the initiative,
and that each signer is registered to vote in Utah.
______________________________________________________________________
(Name)
(Residence Address)
(Date)
The correct date of signature appears next to each individual's name.
I have not paid or given anything of value to any individual who signed this petition to
encourage that individual to sign it.
_____________________________________________________________________
(Name)
(Residence Address)
(Date)
.
"
.
(5)
If the forms described in this section are substantially followed, the initiative petitions
are sufficient, notwithstanding clerical and merely technical errors.
Section 10. Section
20A-7-504
is amended to read:
20A-7-504
. Manual initiative process -- Circulation requirements -- Local clerk
to provide sponsors with materials.
(1)
This section applies only to the manual initiative process.
(2)
In order to obtain the necessary number of signatures required by this part, the sponsors
or an agent of the sponsors shall, after the sponsors receive the documents described in
Subsections
(3)
and
20A-7-401.5(4)(b)
, circulate initiative packets that meet the form
requirements of this part.
(3)
Within five calendar days after the day on which a county, city, town, or court
determines, in accordance with Section
20A-7-502.7
, that a law proposed in an initiative
petition is legally referable to voters, the local clerk shall provide to the sponsors:
(a)
a copy of the initiative petition;
(b)
a signature sheet; and
(c)
a copy of the proposition information pamphlet provided to the sponsors under
Subsection
20A-7-401.5(4)(b)
.
(4)
The sponsors of the initiative shall:
(a)
arrange and pay for the printing of all documents that are part of the initiative
packets; and
(b)
ensure that the initiative packets and the documents described in Subsection
(4)(a)

meet the requirements of this part.
(5)
(a)
The sponsors or an agent of the sponsors may prepare the initiative packets for
circulation by creating multiple initiative packets.
(b)
The sponsors or an agent of the sponsors shall create initiative packets by binding a
copy of the initiative petition with the text of the proposed law and no more than 50
signature sheets together at the top in a manner that the initiative packets may be
conveniently opened for signing.
(c)
An initiative packet is not required to have a uniform number of signature sheets.
(d)
The sponsors or an agent of the sponsors shall include, with each initiative packet, a
copy of the proposition information pamphlet provided to the sponsors under
Subsection
20A-7-401.5(4)(b)
.
(6)
(a)
The
Subject to Subsection
20A-7-105(5)
, the
sponsors or an agent of the
sponsors shall, before gathering signatures:
(i)
contact the county clerk to receive a range of numbers that the sponsors may use
to number initiative packets; and
(ii)
number each initiative packet, sequentially, within the range of numbers provided
by the county clerk, starting with the lowest number in the range.
(b)
The sponsors or an agent of the sponsors may not:
(i)
number an initiative packet in a manner not directed by the county clerk; or
(ii)
circulate or submit an initiative packet that is not numbered in the manner
directed by the county clerk.
(c)
The county clerk shall keep a record of the number range provided under Subsection
(6)(a)
.
Section 11. Section
20A-7-507
is amended to read:
20A-7-507
. Evaluation by the local clerk.
(1)
In relation to the manual initiative process, when a local clerk receives an initiative
packet from a county clerk, the local clerk shall record the number of the initiative
packet received.
(2)
The county clerk shall:
(a)
in relation to the manual initiative process:
(i)
post the names, voter identification numbers, and dates of signatures described in
Subsection
20A-7-105(6)(a)(iii)
20A-7-105(7)(a)(iii)
on the lieutenant governor's
website, in a conspicuous location designated by the lieutenant governor, for at
least 90 calendar days; and
(ii)
update on the local government's website the number of signatures certified as of
the date of the update; or
(b)
in relation to the electronic initiative process:
(i)
post the names, voter identification numbers, and dates of signatures described in
Subsection
20A-7-516(4)
on the lieutenant governor's website, in a conspicuous
location designated by the lieutenant governor, for at least 90 calendar days; and
(ii)
update on the local government's website the number of signatures certified as of
the date of the update.
(3)
The local clerk:
(a)
shall, except as provided in Subsection
(3)(b)
, declare the initiative petition to be
sufficient or insufficient:
(i)
in relation to the manual initiative process, no later than 21 calendar days after the
day of the applicable deadline described in Subsection
20A-7-105(5)(a)(iii)
20A-7-105(6)(a)(iii)
; or
(ii)
in relation to the electronic initiative process, no later than 21 calendar days after
the day of the applicable deadline described in Subsection
20A-7-516(2)
; or
(b)
may declare the initiative petition to be insufficient before the day described in
Subsection
(3)(a)
if:
(i)
in relation to the manual initiative process, the total of all valid signatures on
timely and lawfully submitted initiative packets that have been certified by the
county clerks, plus the number of signatures on timely and lawfully submitted
initiative packets that have not yet been evaluated for certification, is less than the
number of names required under Section
20A-7-501
;
(ii)
in relation to the electronic initiative process, the total of all timely and lawfully
submitted valid signatures that have been certified by the county clerks, plus the
number of timely and lawfully submitted valid signatures received under
Subsection
20A-21-201(6)(b)
that have not yet been evaluated for certification, is
less than the number of names required under Section
20A-7-501
; or
(iii)
a requirement of this part has not been met.
(4)
(a)
If the total number of names certified under Subsection
(3)
equals or exceeds the
number of names required by Section
20A-7-501
and the requirements of this part are
met, the local clerk shall mark upon the front of the initiative petition the word
"sufficient."
(b)
If the total number of names certified under Subsection
(3)
does not equal or exceed
the number of names required by Section
20A-7-501
or a requirement of this part is
not met, the local clerk shall mark upon the front of the initiative petition the word
"insufficient."
(c)
The local clerk shall immediately notify any one of the sponsors of the local clerk's
finding.
(d)
After an initiative petition is declared insufficient, a person may not submit
additional signatures to qualify the initiative for the ballot.
(5)
If the local clerk finds the total number of certified signatures for the initiative petition
to be insufficient, any sponsor may file a written demand with the local clerk for a
recount of the signatures collected for the initiative petition in the presence of any
sponsor.
(6)
An initiative petition determined to be sufficient in accordance with this section is
qualified for the ballot.
Section 12. Section
20A-7-603
is amended to read:
20A-7-603
. Manual referendum process -- Form of referendum petition and
signature sheet.
(1)
This section applies only to the manual referendum process.
(2)
(a)
Each proposed referendum petition shall be printed in substantially the following form:
"REFERENDUM PETITION To the Honorable ____, County Clerk/City
Recorder/Town Clerk:
We, the undersigned citizens of Utah, respectfully order that (description of local law or
portion of local law being challenged), passed by the ____ be referred to the voters for their
approval or rejection at the regular/municipal general election to be held on
__________(month\day\year);
Each signer says:
I have personally signed this referendum petition or, if I am an individual with a
qualifying disability, I have signed this referendum petition by directing the signature gatherer
to enter the initials "AV" as my signature;
The date next to my signature correctly reflects the date that I actually signed the
petition;
I
have
personally
had an opportunity to
read the entire statement included with this
packet;
I am registered to vote in Utah; and
My residence and post office address are written correctly after my name."
(b)
The sponsors of a referendum or an agent of the sponsors shall attach a copy of the
law that is the subject of the referendum to each referendum petition.
(3)
Each referendum signature sheet shall:
(a)
be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
(b)
be ruled with a horizontal line
three-fourths
.75
inch from the top, with the space
above that line blank for the purpose of binding;
(c)
include the title of the referendum printed below the horizontal line, in at least
14-point type;
(d)
include a table immediately below the title of the referendum, and beginning .5 inch
from the left side of the paper, as follows:
(i)
the first column shall be .5 inch wide and include three rows;
(ii)
the first row of the first column shall be .85 inch tall and contain the words "For
Office Use Only" in 10-point type;
(iii)
the second row of the first column shall be .35 inch tall;
(iv)
the third row of the first column shall be .5 inch tall;
(v)
the second column shall be 2.75 inches wide;
(vi)
the first row of the second column shall be .35 inch tall and contain the words
"Registered Voter's Printed Name (must be legible to be counted)" in 10-point
type;
(vii)
the second row of the second column shall be .5 inch tall;
(viii)
the third row of the second column shall be .35 inch tall and contain the words
"Street Address, City, Zip Code" in 10-point type;
(ix)
the fourth row of the second column shall be .5 inch tall;
(x)
the third column shall be 2.75 inches wide;
(xi)
the first row of the third column shall be .35 inch tall and contain the words
"Signature of Registered Voter" in 10-point type;
(xii)
the second row of the third column shall be .5 inch tall;
(xiii)
the third row of the third column shall be .35 inch tall and contain the words
"Email Address (optional, to receive additional information)" in 10-point type;
(xiv)
the fourth row of the third column shall be .5 inch tall;
(xv)
the fourth column shall be one inch wide;
(xvi)
the first row of the fourth column shall be .35 inch tall and contain the words
"Date Signed" in 10-point type;
(xvii)
the second row of the fourth column shall be .5 inch tall;
(xviii)
the third row of the fourth column shall be .35 inch tall and contain the words
"Birth Date or Age (optional)" in 10-point type;
(xix)
the fourth row of the third column shall be .5 inch tall; and
(xx)
the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
and contain the following words, "By signing this referendum petition, you are
stating that you
have
had an opportunity to
read and understand the law that this
referendum petition seeks to overturn." in 12-point type;
(e)
the table described in Subsection
(3)(d)
shall be repeated, leaving sufficient room at
the bottom of the sheet or the information described in Subsection
(3)(f)
; and
(f)
at the bottom of the sheet, include the word "Warning," in 12-point, bold type, followed by
the following statement in not less than eight-point type:
"It is a class A misdemeanor for an individual to sign a referendum petition with a name
other than the individual's own name, or to knowingly sign the individual's name more than
once for the same referendum petition, or to sign a referendum petition when the individual
knows that the individual is not a registered voter.
Birth date or age information is not required, but it may be used to verify your identity
with voter registration records. If you choose not to provide it, your signature may not be
verified as a valid signature if you change your address before petition signatures are verified
or if the information you provide does not match your voter registration records."
(4)
The final page of each referendum packet shall contain the following printed or typed
statement:
"Verification of signature collector
State of Utah, County of ____
I, _______________, of ____, hereby state, under penalty of perjury, that:
I am at least 18 years old;
All the names that appear in this packet were signed by individuals who professed to be
the individuals whose names appear in it, and each of the individuals signed the individual's
name on it in my presence or, in the case of an individual with a qualifying disability, I have
signed this referendum petition on the individual's behalf, at the direction of the individual and
in the individual's presence, by entering the initials "AV" as the individual's signature;
I certify that, for each individual whose signature is represented in this referendum
packet by the initials "AV":
I obtained the individual's voluntary direction or consent to sign the referendum
petition on the individual's behalf;
I do not believe, or have reason to believe, that the individual lacked the mental
capacity to give direction or consent;
I do not believe, or have reason to believe, that the individual did not
understand the purpose or nature of my signing the referendum petition on the individual's
behalf;
I did not intentionally or knowingly deceive the individual into directing me to,
or consenting for me to, sign the referendum petition on the individual's behalf; and
I did not intentionally or knowingly enter false information on the signature
sheet;
I did not knowingly make a misrepresentation of fact concerning the law this petition
seeks to overturn; and
I believe that each individual's name, post office address, and residence is written
correctly, that each signer
has
had an opportunity to
read the law that the referendum seeks to
overturn, and that each signer is registered to vote in Utah.
________________________________________________________________________
(Name)
(Residence Address)
(Date)
The correct date of signature appears next to each individual's name.
I have not paid or given anything of value to any individual who signed this referendum
packet to encourage that individual to sign it.
_____________________________________________________________________
(Name)
(Residence Address)
(Date)".
(5)
If the forms described in this section are substantially followed, the referendum
petitions are sufficient, notwithstanding clerical and merely technical errors.
Section 13. Section
20A-7-604
is amended to read:
20A-7-604
. Manual referendum process -- Circulation requirements -- Local
clerk to provide sponsors with materials.
(1)
This section applies only to the manual referendum process.
(2)
In order to obtain the necessary number of signatures required by this part, the sponsors
or an agent of the sponsors shall, after the sponsors receive the documents described in
Subsections
(3)
and
20A-7-401.5(4)(b)
, circulate referendum packets that meet the form
requirements of this part.
(3)
Within five calendar days after the day on which a county, city, town, or court
determines, in accordance with Section
20A-7-602.7
, that a proposed referendum is
legally referable to voters, the local clerk shall provide the sponsors with:
(a)
a copy of the referendum petition;
(b)
a signature sheet; and
(c)
a copy of the proposition information pamphlet provided to the sponsors under
Subsection
20A-7-401.5(4)(b)
.
(4)
The sponsors of the referendum petition shall:
(a)
arrange and pay for the printing of all documents that are part of the referendum
packets; and
(b)
ensure that the referendum packets and the documents described in Subsection
(4)(a)

meet the form requirements of this section.
(5)
(a)
The sponsors or an agent of the sponsors may prepare the referendum packets for
circulation by creating multiple referendum packets.
(b)
The
Subject to Subsection
20A-7-105(5)
, the
sponsors or an agent of the sponsors
shall create referendum packets by binding a copy of the referendum petition with the
text of the law that is the subject of the referendum and no more than 50 signature
sheets together at the top in a manner that the referendum packets may be
conveniently opened for signing.
(c)
A referendum packet is not required to have a uniform number of signature sheets.
(d)
The sponsors or an agent of the sponsors shall include, with each packet, a copy of
the proposition information pamphlet provided to the sponsors under Subsection
20A-7-401.5(4)(b)
.
(6)
(a)
The sponsors or an agent of the sponsors shall, before gathering signatures:
(i)
contact the county clerk to receive a range of numbers that the sponsors may use
to number referendum packets;
(ii)
sign an agreement with the local clerk, specifying the range of numbers that the
sponsor will use to number the referendum packets; and
(iii)
number each referendum packet, sequentially, within the range of numbers
provided by the county clerk, starting with the lowest number in the range.
(b)
The sponsors or an agent of the sponsors may not:
(i)
number a referendum packet in a manner not directed by the county clerk; or
(ii)
circulate or submit a referendum packet that is not numbered in the manner
directed by the county clerk.
Section 14. Section
20A-7-607
is amended to read:
20A-7-607
. Evaluation by the local clerk -- Determination of election for vote on
referendum.
(1)
In relation to the manual referendum process, when the local clerk receives a
referendum packet from a county clerk, the local clerk shall record the number of the
referendum packet received.
(2)
The county clerk shall:
(a)
in relation to the manual referendum process:
(i)
post the names, voter identification numbers, and dates of signatures described in
Subsection
20A-7-105(6)(a)(iii)
20A-7-105(7)(a)(iii)
on the lieutenant governor's
website, in a conspicuous location designated by the lieutenant governor, for at
least 45 calendar days; and
(ii)
update on the local clerk's website the number of signatures certified as of the
date of the update; or
(b)
in relation to the electronic referendum process:
(i)
post the names, voter identification numbers, and dates of signatures described in
Subsection
20A-7-616(3)
on the lieutenant governor's website, in a conspicuous
location designated by the lieutenant governor, for at least 45 calendar days; and
(ii)
update on the lieutenant governor's website the number of signatures certified as
of the date of the update.
(3)
The local clerk:
(a)
shall, except as provided in Subsection
(3)(b)
, declare the referendum petition to be
sufficient or insufficient:
(i)
in relation to the manual referendum process, no later than 111 calendar days after
the day of the deadline, described in Subsection
20A-7-105(5)(a)(iv)
20A-7-105(6)(a)(iv)
, to submit a referendum packet to the county clerk; or
(ii)
in relation to the electronic referendum process, no later than 111 calendar days
after the day of the deadline, described in Subsection
20A-7-616(2)
, to collect a
signature; or
(b)
may declare the referendum petition to be insufficient before the day described in
Subsection
(3)(a)
if:
(i)
in relation to the manual referendum process, the total of all valid signatures on
timely and lawfully submitted referendum packets that have been certified by the
county clerk, plus the number of signatures on timely and lawfully submitted
referendum packets that have not yet been evaluated for certification, is less than
the number of names required under Section
20A-7-601
;
(ii)
in relation to the electronic referendum process, the total of all timely and
lawfully submitted valid signatures that have been certified by the county clerks,
plus the number of timely and lawfully submitted valid signatures received under
Subsection
20A-21-201(6)(b)
that have not yet been evaluated for certification, is
less than the number of names required under Section
20A-7-601
; or
(iii)
a requirement of this part has not been met.
(4)
(a)
If the total number of names certified under Subsection
(3)
equals or exceeds the
number of names required under Section
20A-7-601
, and the requirements of this
part are met, the local clerk shall mark upon the front of the referendum petition the
word "sufficient."
(b)
If the total number of names certified under Subsection
(3)
does not equal or exceed
the number of names required under Section
20A-7-601
or a requirement of this part
is not met, the local clerk shall mark upon the front of the referendum petition the
word "insufficient."
(c)
The local clerk shall immediately notify any one of the sponsors of the local clerk's
finding.
(d)
After a referendum petition is declared insufficient, a person may not submit
additional signatures to qualify the referendum for the ballot.
(5)
(a)
If the local clerk refuses to declare a referendum petition sufficient, any voter
may, no later than 10 days after the day on which the local clerk declares the
referendum petition insufficient, apply to the appropriate court for an order finding
the referendum petition legally sufficient.
(b)
If the court determines that the referendum petition is legally sufficient, the local
clerk shall mark the referendum petition "sufficient" and consider the declaration of
sufficiency effective as of the date on which the referendum petition should have
been declared sufficient by the local clerk's office.
(c)
If the court determines that a referendum petition filed is not legally sufficient, the
court may enjoin the local clerk and all other officers from:
(i)
certifying or printing the ballot title and numbers of that referendum on the official
ballot for the next election; or
(ii)
as it relates to a local tax law that is conducted entirely by mail, certifying,
printing, or mailing the ballot title and numbers of that referendum under Section
20A-7-609.5
.
(6)
A referendum petition determined to be sufficient in accordance with this section is
qualified for the ballot.
(7)
(a)
Except as provided in Subsection
(7)(b)
or
(c)
, if a referendum relates to
legislative action taken after April 15, the election officer may not place the
referendum on an election ballot until a primary election, a general election, or a
special election the following year.
(b)
The election officer may place a referendum described in Subsection
(7)(a)
on the
ballot for a special, primary, or general election held during the year that the
legislative action was taken if the following agree, in writing, on a timeline to place
the referendum on that ballot:
(i)
the local clerk;
(ii)
the county clerk; and
(iii)
the attorney for the county or municipality that took the legislative action.
(c)
For a referendum on a land use law, if, before August 30, the local clerk or a court
determines that the total number of certified names equals or exceeds the number of
signatures required in Section
20A-7-601
, the election officer shall place the
referendum on the election ballot for:
(i)
the next general election; or
(ii)
another election, if the following agree, in writing, on a timeline to place the
referendum on that ballot:
(A)
the affected owners, as defined in Section
10-20-102
or
17-79-102
, as
applicable;
(B)
the local clerk;
(C)
the county clerk; and
(D)
the attorney for the county or municipality that took the legislative action.
Section 15. Section
20A-7-613
is amended to read:
20A-7-613
. Property tax referendum petition.
(1)
As used in this section, "certified tax rate" means the same as that term is defined in
Section
59-2-924
.
(2)
Except as provided in this section, the requirements of this part apply to a referendum
petition challenging a taxing entity's legislative body's vote to impose a tax rate that
exceeds the certified tax rate.
(3)
(a)
Notwithstanding Subsection
20A-7-105(5)(a)(iv)
20A-7-105(6)(a)(iv)
, and
subject to Subsection
(3)(b)
, the sponsors or an agent of the sponsors shall deliver a
signed and verified referendum packet to the county clerk of the county in which the
packet was circulated before 5 p.m. no later than the earlier of:
(i)
the first business day that is at least 30 calendar days after the day on which the
first individual signs the packet; or
(ii)
the first business day that is at least 40 calendar days after the day on which the
local clerk complies with Subsection
20A-7-604(3)
.
(b)
For a county where the county clerk's office is closed on a business day, if the
deadline described in Subsection
(3)(a)
is on that business day, the deadline is
extended until 5 p.m. the next day that the office is open.
(4)
Notwithstanding Subsections
20A-7-105(6)(a)
and
(9)
20A-7-105(7)(a)
and
(10)
, the
county clerk shall take the actions required in Subsections
20A-7-105(6)(a)
and
(9)
20A-7-105(7)(a)
and
(10)
within 10 business days after the day on which the county
clerk receives the signed and verified referendum packet as described in Subsection
(3)
.
(5)
The local clerk shall take the actions required by Section
20A-7-607
within two
business days after:
(a)
in relation to the manual referendum process, the day on which the local clerk
receives the referendum packets from the county clerk; or
(b)
in relation to the electronic referendum process, the deadline described in Subsection
20A-7-616(2)
.
(6)
Notwithstanding Subsection
20A-7-608(2)
, the local attorney shall prepare the ballot
title within two business days after the day on which the referendum petition is declared
sufficient for submission to a vote of the people.
(7)
Notwithstanding Subsection
20A-7-609(2)(c)
, a referendum that qualifies for the ballot
under this section shall appear on the ballot for the earlier of the next regular general
election or the next municipal general election unless a special election is called.
(8)
The election officer shall mail manual ballots on a referendum under this section the
later of:
(a)
the time provided in Section
20A-3a-202
or
20A-16-403
; or
(b)
the time that ballots are prepared for mailing under this section.
(9)
Section
20A-7-402
does not apply to a referendum described in this section.
(10)
(a)
If a majority of voters does not vote against imposing the tax at a rate calculated
to generate the increased revenue budgeted, adopted, and approved by the taxing
entity's legislative body:
(i)
the certified tax rate for the fiscal year during which the referendum petition is
filed is its most recent certified tax rate; and
(ii)
the proposed increased revenues for purposes of establishing the certified tax rate
for the fiscal year after the fiscal year described in Subsection
(10)(a)(i)
are the
proposed increased revenues budgeted, adopted, and approved by the taxing
entity's legislative body before the filing of the referendum petition.
(b)
If a majority of voters votes against imposing a tax at the rate established by the vote
of the taxing entity's legislative body, the certified tax rate for the taxing entity is the
taxing entity's most recent certified tax rate.
(c)
If the tax rate is set in accordance with Subsection
(10)(a)(ii)
, a taxing entity is not
required to comply with the notice and public hearing requirements of Section
59-2-919
if the taxing entity complies with those notice and public hearing
requirements before the referendum petition is filed.
(11)
The ballot title shall, at a minimum, include in substantially this form the following:
"Shall the [name of the taxing entity] be authorized to levy a tax rate in the amount
sufficient to generate an increased property tax revenue of [amount] for fiscal year [year]
as budgeted, adopted, and approved by the [name of the taxing entity]."
.
(12)
A taxing entity shall pay the county the costs incurred by the county that are directly
related to meeting the requirements of this section and that the county would not have
incurred but for compliance with this section.
(13)
(a)
An election officer shall include on a ballot a referendum that has not yet
qualified for placement on the ballot, if:
(i)
sponsors file an application for a referendum described in this section;
(ii)
the ballot will be used for the election for which the sponsors are attempting to
qualify the referendum; and
(iii)
the deadline for qualifying the referendum for placement on the ballot occurs
after the day on which the ballot will be printed.
(b)
If an election officer includes on a ballot a referendum described in Subsection
(13)(a)
, the ballot title shall comply with Subsection
(11)
.
(c)
If an election officer includes on a ballot a referendum described in Subsection
(13)(a)
that does not qualify for placement on the ballot, the election officer shall
inform the voters by any practicable method that the referendum has not qualified for
the ballot and that votes cast in relation to the referendum will not be counted.
Section 16.
Effective Date.
This bill takes effect on
May 6, 2026
.
12-23-25 10:40 AM