Signature Collection Modifications

33
20A-9-403
20A-9-405
20A-9-406
20A-9-408
20A-9-502
HB0167
HB0223
20A-9-405 (05/06/26)
20A-9-502 (05/06/26)
0
Signature Collection Modifications
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael L. Kohler
Senate Sponsor:
LONG TITLE
General Description:
This bill amends provisions related to nominations for elective office.
Highlighted Provisions:
This bill:
requires an election official, no later than five business days after the day on which the
signature of an individual who signs a nomination petition is verified, to post the name
and date of signature of the individual on the lieutenant governor's website for at least 90
days after the date of the primary election;
requires an election official to notify the county or district attorney if an individual whose
signature appears on a nomination petition informs the election official that the
individual did not sign the nomination petition;
clarifies the deadlines for a voter who manually or electronically signs a nomination
petition to submit a statement to an election official requesting that the voter's signature
be removed from the petition;
includes a coordination clause to standardize a defined term in this bill with the same
term in H.B. 223, Electronic Signature Collection Amendments; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
20A-9-403
, as last amended by Laws of Utah 2025, Chapters 39, 448
20A-9-405
, as last amended by Laws of Utah 2025, Chapter 38
20A-9-406
, as last amended by Laws of Utah 2025, Second Special Session, Chapter 2
20A-9-408
, as last amended by Laws of Utah 2025, Second Special Session, Chapter 2
20A-9-502
, as last amended by Laws of Utah 2025, Second Special Session, Chapter 2
Utah Code Sections Affected by Coordination Clause:
20A-9-405 (05/06/26)
, as last amended by Laws of Utah 2025, Chapter 38
20A-9-502 (05/06/26)
, as last amended by Laws of Utah 2025, Second Special Session,
Chapter 2
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
20A-9-403
is amended to read:
20A-9-403
. Regular primary elections.
(1)
(a)
Candidates for elective office that are to be filled at the next regular general
election shall be nominated in a regular primary election by direct vote of the people
in the manner prescribed in this section. The regular primary election is held on the
date specified in Section
20A-1-201.5
. Nothing in this section shall affect a
candidate's ability to qualify for a regular general election's ballot as an unaffiliated
candidate under Section
20A-9-501
or to participate in a regular general election as a
write-in candidate under Section
20A-9-601
.
(b)
Each registered political party that chooses to have the names of the registered
political party's candidates for elective office featured with party affiliation on the
ballot at a regular general election shall comply with the requirements of this section
and shall nominate the registered political party's candidates for elective office in the
manner described in this section.
(c)
A filing officer may not permit an official ballot at a regular general election to be
produced or used if the ballot denotes affiliation between a registered political party
or any other political group and a candidate for elective office who is not nominated
in the manner prescribed in this section or in Subsection
20A-9-202(4)
.
(d)
Unless noted otherwise, the dates in this section refer to those that occur in each
even-numbered year in which a regular general election will be held.
(2)
(a)
Each registered political party, in a statement filed with the lieutenant governor,
shall:
(i)
either declare the registered political party's intent to participate in the next regular
primary election or declare that the registered political party chooses not to have
the names of the registered political party's candidates for elective office featured
on the ballot at the next regular general election; and
(ii)
if the registered political party participates in the upcoming regular primary
election, identify one or more registered political parties whose members may
vote for the registered political party's candidates and whether individuals
identified as unaffiliated with a political party may vote for the registered political
party's candidates.
(b)
(i)
A registered political party that is a continuing political party shall file the
statement described in Subsection
(2)(a)
with the lieutenant governor no later than
5 p.m. on November 30 of each odd-numbered year.
(ii)
An organization that is seeking to become a registered political party under
Section
20A-8-103
shall file the statement described in Subsection
(2)(a)
at the
time that the registered political party files the petition described in Section
20A-8-103
.
(3)
(a)
Except as provided in Subsection
(3)(e)
, an individual who submits a declaration
of candidacy under Section
20A-9-202
shall appear as a candidate for elective office
on the regular primary ballot of the registered political party listed on the declaration
of candidacy only if the individual is certified by the appropriate filing officer as
having submitted a nomination petition that was:
(i)
circulated and completed in accordance with Section
20A-9-405
; and
(ii)
signed by at least 2% of the registered political party's members who reside in the
political division of the office that the individual seeks.
(b)
(i)
A candidate for elective office shall, in accordance with Section
20A-9-408.3
,
submit signatures for a nomination petition to the appropriate filing officer for
verification and certification no later than 5 p.m. on March 31.
(ii)
A candidate may supplement the candidate's submissions at any time on or before
the filing deadline.
(c)
(i)
The lieutenant governor shall determine for each elective office the total
number of signatures that must be submitted under Subsection
(3)(a)(ii)
or
20A-9-408(8)
by counting the aggregate number of individuals residing in each
elective office's political division who have designated a particular registered
political party on the individuals' voter registration forms on or before November
15 of each odd-numbered year.
(ii)
The lieutenant governor shall publish the determination for each elective office
no later than November 30 of each odd-numbered year.
(d)
The filing officer shall:
(i)
except as otherwise provided in Section
20A-21-201
, and in accordance with
Section
20A-9-408.3
, verify signatures on nomination petitions in a transparent
and orderly manner, no later than 14 calendar days after the day on which a
candidate submits the signatures to the filing officer;
(ii)
for
all qualifying candidates for elective office who submit nomination petitions
to the filing officer, issue certifications referenced
each qualifying candidate for
elective office who submits a nomination petition to the filing officer, issue the
certification described
in Subsection
(3)(a)
no later than the deadline described in
Subsection
20A-9-202(1)(b)
;
(iii)
consider
active and inactive voters eligible to sign nomination petitions
an
active voter and inactive voter eligible to sign a nomination petition
;
(iv)
consider an individual who signs a nomination petition a member of a registered
political party for purposes of Subsection
(3)(a)(ii)
if the individual has designated
that
the
registered political party as the individual's party membership on the
individual's voter registration form;
and
(v)
except as otherwise provided in Section
20A-21-201
and with the assistance of
the county clerk as applicable, use the procedures described in Section
20A-1-1002

to verify submitted nomination petition signatures, or use statistical sampling
procedures to verify submitted nomination petition signatures in accordance with
rules made under Subsection
(3)(f)
.
; and
(vi)
subject to Subsection
20A-9-405(11)
, no later than five business days after the
day on which the signature of an individual who signs a nomination petition is
verified under Subsection
(3)(d)(v)
or Section
20A-21-201
, post the individual's
name and date of signature on the lieutenant governor's website, in a conspicuous
location designated by the lieutenant governor, for at least 90 calendar days after
the date of the primary election.
(e)
Notwithstanding any other provision in this Subsection
(3)
, a candidate for lieutenant
governor may appear on the regular primary ballot of a registered political party
without submitting
nomination petitions
a nomination petition
if the candidate files
a declaration of candidacy and complies with Subsection
20A-9-202(3)
.
(f)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
director of elections, within the Office of the Lieutenant Governor, may make rules
that:
(i)
provide for the use of statistical sampling procedures that:
(A)
filing officers are
a filing officer is
required to use to verify signatures under
Subsection
(3)(d)
; and
(B)
reflect a bona fide effort to determine the validity of a candidate's entire
submission, using widely recognized statistical sampling techniques; and
(ii)
provide for the transparent, orderly, and timely submission, verification, and
certification of nomination petition signatures.
(g)
The county clerk shall:
(i)
review the declarations of candidacy filed by candidates for local boards of
education to determine if more than two candidates have filed for the same seat;
(ii)
place the names of all candidates who have filed a declaration of candidacy for a
local board of education seat on the nonpartisan section of the ballot if more than
two candidates have filed for the same seat; and
(iii)
place the local board of education candidates' names on the ballot in accordance
with Sections
20A-6-109
and
20A-6-110
.
(4)
(a)
Before the deadline described in Subsection
20A-9-409(4)(c)
, the lieutenant
governor shall provide to
the county clerks
each county clerk
:
(i)
a list of the names of all candidates for federal, constitutional, multi-county, single
county, and county offices who have received certifications under Subsection
(3)
(3)(a)
, along with instructions on how
those
the
names shall appear on the
primary election ballot in accordance with Sections
20A-6-109
and
20A-6-110
;
and
(ii)
a list of unopposed candidates for elective office who have been nominated by a
registered political party under Subsection
(5)(c)
and
instruct the county clerks
instructions
to exclude the unopposed candidates from the primary election ballot.
(b)
A candidate for lieutenant governor and a candidate for governor campaigning as
joint-ticket running mates shall appear jointly on the primary election ballot.
(c)
After the county clerk receives the certified list from the lieutenant governor under
Subsection
(4)(a)
, the county clerk shall post or publish a primary election notice in
substantially the following form:
"Notice is given that a primary election will be held Tuesday, June ____,
________(year), to nominate party candidates for the parties and candidates for nonpartisan
local school board positions listed on the primary ballot. The polling place for voting precinct
____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
Attest: county clerk."
(5)
(a)
A candidate who, at the regular primary election, receives the highest number of
votes cast for the office sought by the candidate is:
(i)
nominated for that office by the candidate's registered political party; or
(ii)
for a nonpartisan local school board position, nominated for that office.
(b)
If two or more candidates are to be elected to the office at the regular general
election, those party candidates equal in number to positions to be filled who receive
the highest number of votes at the regular primary election are the nominees of the
candidates' party for those positions.
(c)
(i)
As used in this Subsection
(5)(c)
, a candidate is "unopposed" if:
(A)
no individual other than the candidate receives a certification under
Subsection
(3)
(3)(a)
for the regular primary election ballot of the candidate's
registered political party for a particular elective office; or
(B)
for an office where more than one individual is to be elected or nominated, the
number of candidates who receive certification under Subsection
(3)
(3)(a)
for
the regular primary election of the candidate's registered political party does
not exceed the total number of candidates to be elected or nominated for that
office.
(ii)
A candidate who is unopposed for an elective office in the regular primary
election of a registered political party is nominated by the party for that office
without appearing on the primary election ballot.
(6)
The expense of providing all ballots, blanks, or other supplies to be used at any primary
election provided for by this section, and all expenses necessarily incurred in the
preparation for or the conduct of that primary election shall be paid out of the treasury of
the county or state, in the same manner as for the regular general elections.
(7)
An individual may not file a declaration of candidacy for a registered political party of
which the individual is not a member, except to the extent that the registered political
party permits otherwise under the registered political party's bylaws.
The following section is affected by a coordination clause at the end of this bill.
Section 2. Section
20A-9-405
is amended to read:
20A-9-405
. Nomination petitions for regular primary elections.
(1)
This section applies to the form and circulation of nomination petitions for regular
primary elections described in Subsection
20A-9-403(3)(a)
and Section
20A-9-408
.
(2)
A candidate for elective office, and the agents of the candidate, may not circulate
nomination petitions until the candidate has submitted a declaration of candidacy in
accordance with Subsection
20A-9-202(1)
.
(3)
For the manual candidate qualification process, the nomination petitions shall be in
substantially the following form:
(a)
the petition shall be printed on paper 8-1/2 inches long and 11 inches wide;
(b)
the petition shall be ruled with a horizontal line 3/4 inch from the top, with the space
above that line blank for purposes of binding;
(c)
the petition shall be headed by a caption stating the purpose of the petition and the
name of the proposed candidate;
(d)
the petition shall feature the word "Warning" followed by the following statement in
no less than eight-point, single leaded type: "It is a class A misdemeanor for anyone
to knowingly sign a nomination petition with any name other than the person's own
name, or more than once for the same candidate, or if the person is not registered to
vote in this state.";
(e)
the petition shall feature 10 lines spaced one-half inch apart and consecutively
numbered one through 10;
(f)
the signature portion of the petition shall be divided into columns headed by the
following titles:
(i)
Registered Voter's Printed Name;
(ii)
Signature of Registered Voter;
(iii)
Party Affiliation of Registered Voter;
(iv)
Birth Date or Age (Optional);
(v)
Street Address, City, Zip Code; and
(vi)
Date of Signature; and
(g)
a photograph of the candidate may appear on the nomination petition.
(4)
For the electronic candidate qualification process, the lieutenant governor shall design
an electronic form, using progressive screens, that includes:
(a)
the following warning:
"Warning: It is a class A misdemeanor for anyone to knowingly sign a nomination
petition with any name other than the person's own name, or more than once for the same
candidate, or if the person is not registered to vote in this state."; and
(b)
the following information for each individual who signs the petition:
(i)
name;
(ii)
party affiliation;
(iii)
date of birth or age, (optional);
(iv)
street address, city, zip code;
(v)
date of signature;
(vi)
other information required under Section
20A-21-201
; and
(vii)
other information required by the lieutenant governor.
(5)
For the manual candidate qualification process, if one or more nomination petitions are
bound together, a page shall be bound to the nomination petition(s) that features the following
printed verification statement to be signed and dated by the petition circulator:
"Verification
State of Utah, County of ____
I, ____, of ____, hereby state that:
I am at least 18 years old;
All the names that appear on the signature sheets bound to this page were, to the best of
my knowledge, signed by the persons who professed to be the persons whose names appear on
the signature sheets, and each of them signed the person's name on the signature sheets in my
presence;
I believe that each has printed and signed the person's name and written the person's
street address correctly, and that each signer is registered to vote in Utah."
(6)
The lieutenant governor shall prepare and make public model nomination petition forms
and associated instructions.
(7)
A nomination petition circulator:
(a)
must be at least 18 years old; and
(b)
may affiliate with any political party.
(8)
It is unlawful for any person to:
(a)
knowingly sign the nomination petition described in this section or Section
20A-9-408
:
(i)
with any name other than the person's own name;
(ii)
more than once for the same candidate; or
(iii)
if the person is not registered to vote in this state;
(b)
sign the verification of a signature for a nomination petition if the person:
(i)
has not witnessed the signing by those persons whose names appear on the
nomination petition; or
(ii)
knows that a person whose signature appears on the nomination petition is not
registered to vote in this state;
(c)
pay compensation to any person to sign a nomination petition; or
(d)
pay compensation to any person to circulate a nomination petition, if the
compensation is based directly on the number of signatures submitted to a filing
officer rather than on the number of signatures verified or on some other basis.
(9)
Any person violating Subsection
(8)
is guilty of a class A misdemeanor.
(10)
If a person whose signature appears on a nomination petition notifies the filing officer
that the person did not sign the nomination petition, the filing officer shall, after making
a reasonable attempt to determine the accuracy of the person's allegation, but no later
than three business days after the day on which the allegation is received, notify the
county or district attorney of:
(a)
the nature of the allegation; and
(b)
the name of, and available contact information for:
(i)
the person making the allegation; and
(ii)
the person who collected the signature.
(10)
(11)
(a)
A voter who signs a nomination petition may have the voter's signature
removed from the petition by
, no later than three business days after the day on
which the candidate files the petition with the appropriate filing officer, submitting to
the filing officer a statement requesting that the voter's signature be removed.

submitting to the filing officer a statement requesting that the voter's signature be
removed no later than 5 p.m. three business days after the day on which:
(i)
the candidate files the petition with the filing officer; or
(ii)
if the voter electronically signed the petition under Section
20A-21-201
:
(A)
the website defined in Section
20A-21-101
certifies the voter's signature under
Subsection
20A-21-201(6)(a)
; or
(B)
the filing officer certifies the voter's signature under Subsection
20A-21-201(7)
.
(b)
A statement described in Subsection
(10)(a)
(11)(a)
shall comply with the
requirements described in Subsection
20A-1-1003(2)
.
(c)
The filing officer shall use the procedures described in Subsection
20A-1-1003(3)
to
determine whether to remove an individual's signature from a nomination petition
after receiving a timely, valid statement requesting removal of the signature.
(12)
(a)
If a filing officer timely receives a statement requesting signature removal under
Subsection
(11)(a)
and determines that the signature should be removed from the
nomination petition under Subsection
20A-1-1003(3)
, the filing officer shall:
(i)
remove the voter's name and date of signature from the nomination petition and
the posting described in Subsection
20A-9-403(3)(d)(vi)
,
20A-9-408(9)(d)
, or
20A-9-408(10)(d)
, as applicable; and
(ii)
update the nomination petition signature totals.
(b)
The filing officer shall comply with Subsection
(12)(a)
no later than 5 p.m. the day
before the day of:
(i)
if the candidate to which the petition relates is seeking the nomination of a
registered political party that is not a qualified political party, the deadline
described in Subsection
20A-9-202(1)(b)
; or
(ii)
if the candidate to which the petition relates is seeking the nomination of a
qualified political party, the convention described in Subsection
20A-9-408(11)
((c).
Section 3. Section
20A-9-406
is amended to read:
20A-9-406
. Qualified political party -- Requirements and exemptions.
The following provisions apply to a qualified political party:
(1)
the qualified political party shall, no later than 5 p.m. on the first Monday of October of
each odd-numbered year, certify to the lieutenant governor the identity of one or more
registered political parties whose members may vote for the qualified political party's
candidates and whether unaffiliated voters may vote for the qualified political party's
candidates;
(2)
the following provisions do not apply to a nomination for the qualified political party:
(a)
Subsections
20A-9-403(1)
through
(3)(b)
and Subsections
(3)(d)(ii)
20A-9-403(3)(d)(ii)
through
(4)(a)
;
and
(b)
Subsection
20A-9-403(5)(c)
; and
.
(c)
Section
20A-9-405
;
(3)
an individual may only seek the nomination of the qualified political party by using a
method described in Section
20A-9-407
, Section
20A-9-408
, or both;
(4)
the qualified political party shall comply with the provisions of Sections
20A-9-407
,
20A-9-408
, and
20A-9-409
;
(5)
notwithstanding Subsection
20A-6-301(1)(a)
,
(1)(e)
, or
(2)(a)
, each election officer shall
ensure that a ballot described in Section
20A-6-301
includes each individual nominated
by a qualified political party:
(a)
under the qualified political party's name, if any; or
(b)
under the title of the qualified registered political party as designated by the qualified
political party in the certification described in Subsection
(1)
, or, if none is
designated, then under some suitable title;
(6)
notwithstanding Subsection
20A-6-302(1)(a)
, each election officer shall ensure, for
ballots in regular general elections, that each candidate who is nominated by the
qualified political party is listed by party;
(7)
notwithstanding Subsection
20A-6-304(1)(e)
, each election officer shall ensure that the
party designation of each candidate who is nominated by the qualified political party is
displayed adjacent to the candidate's name on a mechanical ballot;
(8)
"candidates for elective office," defined in Subsection
20A-9-101(1)(a)
, also includes an
individual who files a declaration of candidacy under Section
20A-9-407
or
20A-9-408

to run in a regular general election for a federal office, constitutional office, multicounty
office, or county office;
(9)
an individual who is nominated by, or seeking the nomination of, the qualified political
party is not required to comply with Subsection
20A-9-201(1)(c)
;
(10)
notwithstanding Subsection
20A-9-403(3)
, the qualified political party is entitled to
have each of the qualified political party's candidates for elective office appear on the
primary ballot of the qualified political party with an indication that each candidate is a
candidate for the qualified political party;
(11)
notwithstanding Subsection
20A-9-403(4)(a)
, the lieutenant governor shall include on
the list provided by the lieutenant governor to the county clerks:
(a)
the names of all candidates of the qualified political party for federal, constitutional,
multicounty, and county offices; and
(b)
the names of unopposed candidates for elective office who have been nominated by
the qualified political party and instruct the county clerks to exclude such candidates
from the primary-election ballot;
(12)
notwithstanding Subsection
20A-9-403(5)(c)
, a candidate who is unopposed for an
elective office in the regular primary election of the qualified political party is
nominated by the party for that office without appearing on the primary ballot; and
(13)
notwithstanding the provisions of Subsections
20A-9-403(1)
and
(2)
and Section
20A-9-405
, the qualified political party is entitled to have the names of its candidates for
elective office featured with party affiliation on the ballot at a regular general election.
Section 4. Section
20A-9-408
is amended to read:
20A-9-408
. Signature-gathering process to seek the nomination of a qualified
political party -- Removal of signature.
(1)
This section describes the requirements for a member of a qualified political party who
is seeking the nomination of the qualified political party for an elective office through
the signature-gathering process described in this section.
(2)
Notwithstanding Subsection
20A-9-201(7)(a)
, the form of the declaration of candidacy
for a member of a qualified political party who is nominated by, or who is seeking the
nomination of, the qualified political party under this section shall be substantially as
described in Section
20A-9-408.5
.
(3)
Notwithstanding Subsection
20A-9-202(1)(a)
, and except as provided in Subsection
20A-9-202(4)
, a member of a qualified political party who, under this section, is seeking
the nomination of the qualified political party for an elective office that is to be filled at
the next general election shall:
(a)
except to the extent otherwise provided in Subsection
(13)(a)
, during the applicable
declaration of candidacy filing period described in Section
20A-9-201.5
, and before
gathering signatures under this section, file with the filing officer on a form approved
by the lieutenant governor a notice of intent to gather signatures for candidacy that
includes:
(i)
the name of the member who will attempt to become a candidate for a registered
political party under this section;
(ii)
the name of the registered political party for which the member is seeking
nomination;
(iii)
the office for which the member is seeking to become a candidate;
(iv)
the address and telephone number of the member; and
(v)
other information required by the lieutenant governor;
(b)
except as provided in Subsection
20A-9-202(1)(c)
, file a declaration of candidacy, in
person, with the filing officer during the applicable declaration of candidacy filing
period described in Section
20A-9-201.5
; and
(c)
pay the filing fee.
(4)
Notwithstanding Subsection
20A-9-202(2)(a)
, a member of a qualified political party
who, under this section, is seeking the nomination of the qualified political party for the
office of district attorney within a multicounty prosecution district that is to be filled at
the next general election shall:
(a)
during the applicable declaration of candidacy filing period described in Section
20A-9-201.5
, and before gathering signatures under this section, file with the filing
officer on a form approved by the lieutenant governor a notice of intent to gather
signatures for candidacy that includes:
(i)
the name of the member who will attempt to become a candidate for a registered
political party under this section;
(ii)
the name of the registered political party for which the member is seeking
nomination;
(iii)
the office for which the member is seeking to become a candidate;
(iv)
the address and telephone number of the member; and
(v)
other information required by the lieutenant governor;
(b)
except as provided in Subsection
20A-9-202(1)(c)
, file a declaration of candidacy, in
person, with the filing officer during the applicable declaration of candidacy filing
period described in Section
20A-9-201.5
; and
(c)
pay the filing fee.
(5)
Notwithstanding Subsection
20A-9-202(3)(a)(iii)
, a lieutenant governor candidate who
files as the joint-ticket running mate of an individual who is nominated by a qualified
political party, under this section, for the office of governor shall, during the applicable
declaration of candidacy filing period described in Section
20A-9-201.5
, file a
declaration of candidacy and submit a letter from the candidate for governor that names
the lieutenant governor candidate as a joint-ticket running mate.
(6)
The lieutenant governor shall ensure that the certification described in Subsection
20A-9-701(1)
also includes the name of each candidate nominated by a qualified
political party under this section.
(7)
Notwithstanding Subsection
20A-9-701(2)
, the ballot shall, for each candidate who is
nominated by a qualified political party under this section, designate the qualified
political party that nominated the candidate.
(8)
A member of a qualified political party may seek the nomination of the qualified
political party for an elective office by:
(a)
complying with the requirements described in this section; and
(b)
collecting signatures, on a form approved by the lieutenant governor that complies
with Subsection
20A-9-405(3)
, during the period beginning on the day on which the
member files a notice of intent to gather signatures and ending at the applicable
deadline described in Subsection
(12)
, in the following amounts:
(i)
for a statewide race, 28,000 signatures of registered voters in the state who are
permitted by the qualified political party to vote for the qualified political party's
candidates in a primary election;
(ii)
except as provided in Subsection
(13)(b)
, for a congressional district race, 7,000
signatures of registered voters who are residents of the congressional district and
are permitted by the qualified political party to vote for the qualified political
party's candidates in a primary election;
(iii)
for a state Senate district race, 2,000 signatures of registered voters who are
residents of the state Senate district and are permitted by the qualified political
party to vote for the qualified political party's candidates in a primary election;
(iv)
for a state House district race, 1,000 signatures of registered voters who are
residents of the state House district and are permitted by the qualified political
party to vote for the qualified political party's candidates in a primary election;
(v)
for a State Board of Education race, the lesser of:
(A)
2,000 signatures of registered voters who are residents of the State Board of
Education district and are permitted by the qualified political party to vote for
the qualified political party's candidates in a primary election; or
(B)
3% of the registered voters of the qualified political party who are residents of
the applicable State Board of Education district; and
(vi)
for a county office race, signatures of 3% of the registered voters who are
residents of the area permitted to vote for the county office and are permitted by
the qualified political party to vote for the qualified political party's candidates in
a primary election.
(9)
(a)
This Subsection
(9)
applies only to the manual candidate qualification process.
(b)
In order for a member of the qualified political party to qualify as a candidate for the
qualified political party's nomination for an elective office under this section, using
the manual candidate qualification process, the member shall:
(i)
collect the signatures on a form approved by the lieutenant governor, using the
same circulation and verification requirements described in Sections
20A-7-105

and
20A-7-204
; and
(ii)
in accordance with Section
20A-9-408.3
, submit the signatures to the election
officer before the applicable deadline described in Subsection
(12)
.
(c)
Upon timely receipt of the signatures described in Subsections
(8)
and
(9)(b)
, and in
accordance with Section
20A-9-408.3
, the election officer shall, no later than the
earlier of 14 calendar days after the day on which the election officer receives the
signatures, or one day before the day on which the qualified political party holds the
convention to select a nominee for the elective office to which the signature packets
relate:
(i)
check the name of each individual who completes the verification for a signature
packet to determine whether each individual is at least 18 years old;
(ii)
submit the name of each individual described in Subsection
(9)(c)(i)
who is not at
least 18 years old to the attorney general and the county attorney;
(iii)
with the assistance of the county clerk as applicable, determine whether each
signer is a registered voter who is qualified to sign the petition, using the same
method, described in Section
20A-1-1002
, used to verify a signature on a petition;
and
(iv)
certify whether each name is that of a registered voter who is qualified to sign the
signature packet.
(d)
Subject to Subsection
20A-9-405(11)
, an election officer shall, no later than five
business days after the day on which the signature of an individual who signs a
petition is certified under Subsection
(9)(c)(iv)
, post the individual's name and date of
signature on the lieutenant governor's website, in a conspicuous location designated
by the lieutenant governor, for at least 90 calendar days after the date of the primary
election.
(d)
(i)
A registered voter who physically signs a form under Subsections
(8)
and
(9)(b)
may have the voter's signature removed from the form by, no later than 5
p.m. three business days after the day on which the member submits the signature
form to the election officer, submitting to the election officer a statement
requesting that the voter's signature be removed.
(ii)
A statement described in Subsection
(9)(d)(i)
shall comply with the requirements
described in Subsection
20A-1-1003(2)
.
(iii)
With the assistance of the county clerk as applicable, the election officer shall
use the procedures described in Subsection
20A-1-1003(3)
to determine whether
to remove an individual's signature after receiving a timely, valid statement
requesting removal of the signature.
(e)
(i)
An election officer shall, in accordance with this Subsection
(9)(e)
and rules
made under Section
20A-3a-106
, conduct regular audits of signature comparisons
made between signatures gathered under this section and voter signatures
maintained by the election officer.
(ii)
An individual who conducts an audit of signature comparisons under this section
may not audit the individual's own work.
(iii)
The election officer shall:
(A)
audit 1% of all signature comparisons described in Subsection
(9)(e)(i)
to
determine the accuracy of the comparisons made;
(B)
record the individuals who conducted the audit;
(C)
record the audit results;
(D)
provide additional training or staff reassignments, as needed, based on the
results of an audit described in Subsection
(9)(e)(i)
; and
(E)
record any remedial action taken.
(iv)
The audit results described in Subsection
(9)(e)(iii)(C)
are a public record.
(f)
An election officer who certifies signatures under Subsection
(9)(c)
or
20A-9-403(3)(d)
shall, after certifying enough signatures to establish that a candidate
has reached the applicable signature threshold described in Subsection
(8)
or
20A-9-403(3)(a)
, as applicable, continue to certify signatures submitted for the
candidate in excess of the number of signatures required, until the election officer
either:
(i)
certifies signatures equal to 110% of the applicable signature threshold; or
(ii)
has reviewed all signatures submitted for the candidate before reaching an
amount equal to 110% of the applicable signature threshold.
(10)
(a)
This Subsection
(10)
applies only to the electronic candidate qualification
process.
(b)
In order for a member of the qualified political party to qualify as a candidate for the
qualified political party's nomination for an elective office under this section, the
member shall, before the deadline described in Subsection
(12)
, collect signatures
electronically:
(i)
in accordance with Section
20A-21-201
; and
(ii)
using progressive screens, in a format approved by the lieutenant governor, that
complies with Subsection
20A-9-405(4)
.
(c)
Upon timely receipt of the signatures described in Subsections
(8)
and
(9)(b)
(10)(b)
,
the election officer shall, no later than the earlier of 14 calendar days after the day on
which the election officer receives the signatures, or one day before the day on which
the qualified political party holds the convention to select a nominee for the elective
office to which the signature packets relate:
(i)
check the name of each individual who completes the verification for a signature
to determine whether each individual is at least 18 years old; and
(ii)
submit the name of each individual described in Subsection
(10)(c)(i)
who is not
at least 18 years old to the attorney general and the county attorney.
(d)
Subject to Subsection
20A-9-405(11)
, an election officer shall, no later than five
business days after the day on which the signature of an individual who signs a
petition is certified under Section
20A-21-201
, post the name and date of signature of
the individual on the lieutenant governor's website, in a conspicuous location
designated by the lieutenant governor, for at least 90 calendar days after the date of
the primary election.
(11)
(a)
An individual may not gather signatures under this section until after the
individual files a notice of intent to gather signatures for candidacy described in this
section.
(b)
An individual who files a notice of intent to gather signatures for candidacy,
described in Subsection
(3)(a)
or
(4)(a)
, is, beginning on the day on which the
individual files the notice of intent to gather signatures for candidacy:
(i)
required to comply with the reporting requirements that a candidate for office is
required to comply with; and
(ii)
subject to the same enforcement provisions, and civil and criminal penalties, that
apply to a candidate for office in relation to the reporting requirements described
in Subsection
(11)(b)(i)
.
(c)
Upon timely receipt of the signatures described in Subsections
(8)
and
(9)(b)
, or
Subsections
(8)
and
(10)(b)
, the election officer shall, no later than the day before the
day on which the qualified political party holds the convention to select a nominee
for the elective office to which the signature packets relate, notify the qualified
political party and the lieutenant governor of the name of each member of the
qualified political party who qualifies as a nominee of the qualified political party,
under this section, for the elective office to which the convention relates.
(d)
Upon receipt of a notice of intent to gather signatures for candidacy described in this
section, the lieutenant governor shall post the notice of intent to gather signatures for
candidacy on the lieutenant governor's website in the same location that the
lieutenant governor posts a declaration of candidacy.
(12)
The deadline before which a member of a qualified political party must collect and
submit signatures to the election officer under this section is 5 p.m. on the last business
day that is at least 14 calendar days before the day on which the qualified political
party's convention for the office begins.
(13)
For the 2026 election year only, an individual who desires to gather signatures to seek
the nomination of a qualified political party for the office of United States representative
shall:
(a)
in accordance with Subsection
(3)(a)
, file a notice of intent to gather signatures
during the period beginning at 8 a.m. on the first business day of January and ending
at 5 p.m. on March 13, 2026; and
(b)
during the period beginning on the day on which the individual files the notice of
intent to gather signatures and ending at 5 p.m. on March 13, 2026, on a form
approved by the lieutenant governor that complies with Subsection
20A-9-405(3)
,
collect 7,000 signatures of registered voters who are residents of the state and are
permitted by the qualified political party to vote for the qualified political party's
candidates in a primary election.
The following section is affected by a coordination clause at the end of this bill.
Section 5. Section
20A-9-502
is amended to read:
20A-9-502
. Certificate of nomination -- Contents -- Circulation -- Verification --
Criminal penalty -- Removal of petition signature.
(1)
The candidate shall:
(a)
prepare a certificate of nomination in substantially the following form:
"State of Utah, County of ______________________________________________
I, ______________, declare my intention of becoming an unaffiliated candidate for the
political group designated as ____ for the office of ____. I do solemnly swear that I can
qualify to hold that office both legally and constitutionally if selected, and that I reside at ____
Street, in the city of ____, county of ____, state of ______, zip code ____, phone ____, and
that I am providing, or have provided, the required number of holographic signatures of
registered voters required by law; that as a candidate at the next election I will not knowingly
violate any election or campaign law; that, if filing via a designated agent for an office other
than president of the United States, I will be out of the state of Utah during the entire candidate
filing period; I will file all campaign financial disclosure reports as required by law; and I
understand that failure to do so will result in my disqualification as a candidate for this office
and removal of my name from the ballot.
__________________________________________
Subscribed and sworn to before me this ______(month\day\year).
__________________________________________
Notary Public (or other officer
qualified to administer oaths)";
(b)
for each signature packet, bind signature sheets to a copy of the certificate of
nomination and the circulator verification, that:
(i)
are printed on sheets of paper 8-1/2 inches long and 11 inches wide;
(ii)
are ruled with a horizontal line 3/4 inch from the top, with the space above that
line blank for the purpose of binding;
(iii)
contain the name of the proposed candidate and the words "Unaffiliated
Candidate Certificate of Nomination Petition" printed directly below the
horizontal line;
(iv)
contain the word "Warning" printed directly under the words described in
Subsection
(1)(b)(iii)
;
(v)
contain, to the right of the word "Warning," the following statement printed in not less than
eight-point, single leaded type:
"It is a class A misdemeanor for anyone to knowingly sign a certificate of nomination
signature sheet with any name other than the person's own name or more than once for the
same candidate or if the person is not registered to vote in this state and does not intend to
become registered to vote in this state before the county clerk certifies the signatures.";
(vi)
contain the following statement directly under the statement described in Subsection
(1)(b)(v)
:
"Each signer says:
I have personally signed this petition with a holographic signature;
I am registered to vote in Utah or intend to become registered to vote in Utah before the
county clerk certifies my signature; and
My street address is written correctly after my name.";
(vii)
contain horizontally ruled lines, 3/8 inch apart under the statement described in
Subsection
(1)(b)(vi)
; and
(viii)
be vertically divided into columns as follows:
(A)
the first column shall appear at the extreme left of the sheet, be 5/8 inch wide,
be headed with "For Office Use Only," and be subdivided with a light vertical
line down the middle;
(B)
the next column shall be 2-1/2 inches wide, headed "Registered Voter's
Printed Name (must be legible to be counted)";
(C)
the next column shall be 2-1/2 inches wide, headed "Holographic Signature of
Registered Voter";
(D)
the next column shall be one inch wide, headed "Birth Date or Age
(Optional)";
(E)
the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
Code"; and
(F)
at the bottom of the sheet, contain the following statement: "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 certified as a valid signature if you change your address before petition
signatures are certified or if the information you provide does not match your
voter registration records."; and
(c)
bind a final page to one or more signature sheets that are bound together that contains,
except as provided by Subsection
(3)
, the following printed statement:
"Verification
State of Utah, County of ____
I, _______________, of ____, hereby state that:
I am at least 18 years old;
All the names that appear on the signature sheets bound to this page were signed by
persons who professed to be the persons whose names appear on the signature sheets, and each
of them signed the person's name on the signature sheets in my presence;
I believe that each has printed and signed the person's name and written the person's
street address correctly, and that each signer is registered to vote in Utah or will register to
vote in Utah before the county clerk certifies the signatures on the signature sheet.
______________________________________________________________________
(Signature)
(Residence Address)
(Date)
.
"
.
(2)
An agent designated to file a certificate of nomination under Subsection
20A-9-503(2)(b)
or
(4)(b)
may not sign the form described in Subsection
(1)(a)
.
(3)
(a)
The candidate shall circulate the nomination petition and ensure that the person in
whose presence each signature sheet is signed:
(i)
is at least 18 years old; and
(ii)
verifies each signature sheet by completing the verification bound to one or more
signature sheets that are bound together.
(b)
A person may not sign the circulator verification if the person signed a signature
sheet bound to the verification.
(4)
(a)
It is unlawful for any person to:
(i)
knowingly sign a certificate of nomination signature sheet:
(A)
with any name other than the person's own name;
(B)
more than once for the same candidate; or
(C)
if the person is not registered to vote in this state and does not intend to
become registered to vote in this state before the county clerk certifies the
signatures; or
(ii)
sign the verification of a certificate of nomination signature sheet if the person:
(A)
has not witnessed the signing by those persons whose names appear on the
certificate of nomination signature sheet; or
(B)
knows that a person whose signature appears on the certificate of nomination
signature sheet is not registered to vote in this state and does not intend to
become registered to vote in this state.
(b)
Any person violating this Subsection
(4)
is guilty of a class A misdemeanor.
(c)
If a person whose signature appears on a nomination petition notifies the county
clerk that the person did not sign the nomination petition, the county clerk shall, after
making a reasonable attempt to determine the accuracy of the person's allegation, but
no later than three business days after the day on which the allegation is received,
notify the county or district attorney of:
(i)
the nature of the allegation; and
(ii)
the name of, and available contact information for:
(A)
the person making the allegation; and
(B)
the person who collected the signature.
(5)
(a)
To qualify for placement on the general election ballot, the candidate shall, no
earlier than the start of the applicable declaration of candidacy period described in
Section
20A-9-201.5
and no later than 5 p.m. on June 15 of the year in which the
election will be held:
(i)
comply with Subsection
20A-9-503(1)
; and
(ii)
submit each signature packet to the county clerk where the majority of the
signatures in the packet were collected, with signatures totaling:
(A)
at least 1,000 registered voters residing within the state when the nomination
is for an office to be filled by the voters of the entire state; or
(B)
at least 300 registered voters residing within a political division or at least 5%
of the registered voters residing within a political division, whichever is less,
when the nomination is for an office to be filled by the voters of any political
division smaller than the state.
(b)
A candidate has not complied with Subsection
(5)(a)(ii)
, unless the county clerks
verify that each required signature is a valid signature of a registered voter who is
eligible to sign the signature packet and has not signed a signature packet to nominate
another candidate for the same office.
(c)
In reviewing the signature packets, the county clerk shall count and certify only those
persons who signed with a holographic signature, who:
(i)
are registered voters within the political division that the candidate seeks to
represent; and
(ii)
did not sign any other certificate of nomination for that office.
(d)
The county clerk shall count and certify the number of registered voters who validly
signed a signature packet, no later than 30 calendar days after the day on which the
candidate submits the signature packet.
(e)
The candidate may supplement the signatures or amend the certificate of nomination
or declaration of candidacy at any time on or before 5 p.m. on June 15 of the year in
which the election will be held.
(f)
The county clerk shall use the procedures described in Section
20A-1-1002
to
determine whether a signer is a registered voter who is qualified to sign the signature
packet.
(6)
Subject to Subsection
(7)
, the county clerk shall, no later than five business days after
the day on which the signature of a voter who signs a signature packet is certified under
Subsection
(5)(d)
or Section
20A-21-201
, post the voter's name and date of signature on
the lieutenant governor's website, in a conspicuous location designated by the lieutenant
governor, until at least the day of the deadline described in Subsection
20A-9-403(3)(d)(vi).
(6)
(7)
(a)
A voter who signs a signature packet under this section may have the voter's
signature removed from the signature packet by
, no later than 5 p.m. three business
days after the day on which the candidate submits the signature packet to the county
clerk, submitting to the county clerk a statement requesting that the voter's signature
be removed.
submitting to the county clerk a statement requesting that the voter's
signature be removed no later than 5 p.m. three business days after the day on which:
(i)
the candidate submits the signature packet to the county clerk under Subsection
(5)(a)
; or
(ii)
if the voter electronically signed the nomination petition under Section
20A-21-201
:
(A)
the website defined in Section
20A-21-101
certifies the voter's signature under
Subsection
20A-21-201(6)(a)
; or
(B)
the county clerk certifies the voter's signature under Subsection
20A-21-201(7)
.
(b)
A statement described in Subsection
(6)(a)
(7)(a)
shall comply with the
requirements described in Subsection
20A-1-1003(2)
.
(c)
The county clerk shall use the procedures described in Subsection
20A-1-1003(3)
to
determine whether to remove an individual's signature from a signature packet after
receiving a timely, valid statement requesting removal of the signature.
(8)
(a)
If a county clerk timely receives a statement requesting signature removal under
Subsection
(7)(a)
and determines that the signature should be removed from the
nomination petition under Subsection
20A-1-1003(3)
, the county clerk shall:
(i)
remove the voter's name and date of signature from the nomination petition and
the posting described in Subsection
(6)
; and
(ii)
update the nomination petition signature totals.
(b)
The county clerk shall comply with Subsection
(8)(a)
no later than the day of the
deadline described in Subsection
(5)(d)
.
Section 6.
Effective Date.
This bill takes effect on
May 6, 2026
.
Section 7.
Coordinating H.B. 167 with H.B. 223.
If H.B. 167, Signature Collection Modifications, and H.B. 223, Electronic Signature
Collection Amendments, both pass and become law, the Legislature intends that, on May 6,
2026:
(1) Subsection 20A-9-405(11)(a)(ii)(A), enacted in H.B. 167, be amended to read:
"(A) the system defined in Section 20A-21-101 certifies the voter's signature under
Subsection 20A-21-201(6)(a); or"; and
(2) Subsection 20A-9-502(7)(a)(ii)(A), enacted in H.B. 167, be amended to read:
"(A) the system defined in Section 20A-21-101 certifies the voter's signature under
Subsection 20A-21-201(6)(a); or".
2-3-26 11:13 AM