Electronic Signature Collection Amendments

47
20A-7-101
20A-7-201
20A-7-207
20A-7-213
20A-7-301
20A-7-304.5
20A-7-307
20A-7-312
20A-7-501
20A-7-502.7
20A-7-507
20A-7-512
20A-7-601
20A-7-602.7
20A-7-602.8
20A-7-604.5
20A-7-607
20A-7-612
20A-9-101
20A-9-403
20A-9-408
20A-9-502
20A-21-101
20A-21-201
20A-21-202
63I-1-220
HB0223
HB0032
20A-21-201 (05/06/26)
2
Electronic Signature Collection Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jordan D. Teuscher
Senate Sponsor: Jerry W Stevenson
LONG TITLE
General Description:
This bill amends the electronic signature gathering process.
Highlighted Provisions:
This bill:
defines a term;
requires the device used to electronically gather signatures for an initiative petition, a
referendum petition, or a candidate nomination petition (collectively, "petition") to be
capable of scanning and extracting certain data from a driver license, state identification
card, or another form of valid voter identification;
beginning on January 1, 2028, requires the device described above to be capable of
operating in an offline environment;
beginning on January 1, 2028, requires at least 10% of the signatures certified for a
petition to be gathered using the electronic signature gathering process;
beginning on January 1, 2030, requires at least 50% of the signatures certified for a
petition to be gathered using the electronic signature gathering process;
authorizes the lieutenant governor to suspend the 10% electronic signature requirement if
the electronic signature gathering system is not functioning in a manner that reasonably
permits compliance;
beginning on January 1, 2032:
requires the sponsors of an initiative or referendum petition, or an individual who
circulates a candidate nomination petition, to gather signatures using the electronic
signature gathering process; and
prohibits a person described above from gathering signatures manually;
clarifies electronic signature-gathering security requirements by distinguishing between
baseline device security configuration standards and ongoing cyber-security procedures
governing system operation, monitoring, and maintenance, as established by the
lieutenant governor;
requires the lieutenant governor to submit an annual report to the Government Operations
Interim Committee, beginning no later than October 1, 2026, and continuing no later
than October 1 of each year through 2031;
adds a January 1, 2032
repeal date for sections related to manual signature gathering;
includes a coordination clause to standardize a defined term in this bill with the same
term in H.B. 32, Signature Gathering and Verification 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-7-101
, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
20A-7-201
, as last amended by Laws of Utah 2025, Chapter 448
20A-7-207
, as last amended by Laws of Utah 2025, Chapter 448
20A-7-213
, as last amended by Laws of Utah 2024, Chapter 442
20A-7-301
, as last amended by Laws of Utah 2023, Chapter 107
20A-7-304.5
, as last amended by Laws of Utah 2023, Chapter 107
20A-7-307
, as last amended by Laws of Utah 2025, Chapter 448
20A-7-312
, as last amended by Laws of Utah 2024, Chapter 442
20A-7-501
, as last amended by Laws of Utah 2025, Chapter 448
20A-7-502.7
, as last amended by Laws of Utah 2025, Chapter 448
20A-7-507
, as last amended by Laws of Utah 2025, Chapter 448
20A-7-512
, as last amended by Laws of Utah 2024, Chapter 442
20A-7-601
, as last amended by Laws of Utah 2025, First Special Session, Chapter 15
20A-7-602.7
, as last amended by Laws of Utah 2025, Chapter 448
20A-7-602.8
, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
20A-7-604.5
, as last amended by Laws of Utah 2023, Chapter 107
20A-7-607
, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
20A-7-612
, as last amended by Laws of Utah 2024, Chapter 442
20A-9-101
, as last amended by Laws of Utah 2023, Chapters 15, 45
20A-9-403
, as last amended by Laws of Utah 2025, Chapters 39, 448
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
20A-21-101
, as enacted by Laws of Utah 2022, Chapter 325
20A-21-201
, as last amended by Laws of Utah 2025, Chapters 381, 448
63I-1-220
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
ENACTS:
20A-21-202
, Utah Code Annotated 1953
Utah Code Sections Affected by Coordination Clause:
20A-21-201 (05/06/26)
, as last amended by Laws of Utah 2025, Chapters 381, 448
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
20A-7-101
is amended to read:
20A-7-101
. Definitions.
As used in this chapter:
(1)
"Approved device" means a device described in Subsection
20A-21-201
(4)
20A-21-201(2)
used to gather signatures for the electronic initiative process, the
electronic referendum process, or the electronic candidate qualification process.
(2)
"Budget officer" means:
(a)
for a county, the person designated as finance officer as defined in Section
17-63-101
;
(b)
for a city, the person designated as budget officer in Subsection
10-6-106(4)
; or
(c)
for a town, the town council.
(3)
"Certified" means that the county clerk has acknowledged a signature as being the
signature of a registered voter.
(4)
"Circulation" means the process of submitting an initiative petition or a referendum
petition to legal voters for their signature.
(5)
"Electronic initiative process" means:
(a)
as it relates to a statewide initiative, the process, described in Sections
20A-7-215

and
20A-21-201
, for gathering signatures; or
(b)
as it relates to a local initiative, the process, described in Sections
20A-7-514
and
20A-21-201
, for gathering signatures.
(6)
"Electronic referendum process" means:
(a)
as it relates to a statewide referendum, the process, described in Sections
20A-7-313

and
20A-21-201
, for gathering signatures; or
(b)
as it relates to a local referendum, the process, described in Sections
20A-7-614
and
20A-21-201
, for gathering signatures.
(7)
"Eligible voter" means a legal voter who resides in the jurisdiction of the county, city, or
town that is holding an election on a ballot proposition.
(8)
"Final fiscal impact statement" means a financial statement prepared after voters
approve an initiative that contains the information required by Subsection
20A-7-202.5(2)
or
20A-7-502.5(2)
.
(9)
"Initial fiscal impact statement" means a financial statement prepared under Section
20A-7-202.5
after the filing of a statewide initiative application.
(10)
"Initial fiscal impact and legal statement" means a financial and legal statement
prepared under Section
20A-7-502.5
or
20A-7-602.5
for a local initiative or a local
referendum.
(11)
"Initiative" means a new law proposed for adoption by the public as provided in this
chapter.
(12)
"Initiative application" means:
(a)
for a statewide initiative, an application described in Subsection
20A-7-202(2)
that
includes all the information, statements, documents, and notarized signatures
required under Subsection
20A-7-202(2)
; or
(b)
for a local initiative, an application described in Subsection
20A-7-502(2)
that
includes all the information, statements, documents, and notarized signatures
required under Subsection
20A-7-502(2)
.
(13)
"Initiative packet" means a copy of the initiative petition, a copy of the proposed law,
and the signature sheets, all of which have been bound together as a unit.
(14)
"Initiative petition":
(a)
as it relates to a statewide initiative, using the manual initiative process:
(i)
means the form described in Subsection
20A-7-203(2)(a)
, petitioning for
submission of the initiative to the Legislature or the legal voters; and
(ii)
if the initiative proposes a tax increase, includes the statement described in
Subsection
20A-7-203(2)(b)
;
(b)
as it relates to a statewide initiative, using the electronic initiative process:
(i)
means the form described in Subsections
20A-7-215(2)
and
(3)
, petitioning for
submission of the initiative to the Legislature or the legal voters; and
(ii)
if the initiative proposes a tax increase, includes the statement described in
Subsection
20A-7-215(5)(b)
;
(c)
as it relates to a local initiative, using the manual initiative process:
(i)
means the form described in Subsection
20A-7-503(2)(a)
, petitioning for
submission of the initiative to the legislative body or the legal voters; and
(ii)
if the initiative proposes a tax increase, includes the statement described in
Subsection
20A-7-503(2)(b)
; or
(d)
as it relates to a local initiative, using the electronic initiative process:
(i)
means the form described in Subsection
20A-7-514(2)(a)
, petitioning for
submission of the initiative to the legislative body or the legal voters; and
(ii)
if the initiative proposes a tax increase, includes the statement described in
Subsection
20A-7-514(4)(a)
.
(15)
(a)
"Land use law" means a law of general applicability, enacted based on the
weighing of broad, competing policy considerations, that relates to the use of land,
including a land use regulation, a general plan, a land use development code, an
annexation ordinance, the rezoning of a single property or multiple properties, or a
comprehensive zoning ordinance or resolution.
(b)
"Land use law" does not include a land use decision, as defined in Section
10-20-102

or
17-79-102
.
(16)
"Legal signatures" means the number of signatures of legal voters that:
(a)
meet the numerical requirements of this chapter; and
(b)
have been obtained, certified, and verified as provided in this chapter.
(17)
"Legal voter" means an individual who is registered to vote in Utah.
(18)
"Legally referable to voters" means:
(a)
for a proposed local initiative, that the proposed local initiative is legally referable to
voters under Section
20A-7-502.7
; or
(b)
for a proposed local referendum, that the proposed local referendum is legally
referable to voters under Section
20A-7-602.7
.
(19)
"Local attorney" means the county attorney, city attorney, or town attorney in whose
jurisdiction a local initiative or referendum petition is circulated.
(20)
"Local clerk" means the county clerk, city recorder, or town clerk in whose jurisdiction
a local initiative or referendum petition is circulated.
(21)
(a)
"Local law" includes:
(i)
an ordinance;
(ii)
a resolution;
(iii)
a land use law;
(iv)
a land use regulation, as defined in Section
10-20-102
; or
(v)
other legislative action of a local legislative body.
(b)
"Local law" does not include a land use decision, as defined in Section
10-20-102
.
(22)
"Local legislative body" means the legislative body of a county, city, or town.
(23)
"Local obligation law" means a local law passed by the local legislative body
regarding a bond that was approved by a majority of qualified voters in an election.
(24)
"Local tax law" means a law, passed by a political subdivision with an annual or
biannual calendar fiscal year, that increases a tax or imposes a new tax.
(25)
"Manual initiative process" means the process for gathering signatures for an initiative
using paper signature packets that a signer physically signs.
(26)
"Manual referendum process" means the process for gathering signatures for a
referendum using paper signature packets that a signer physically signs.
(27)
(a)
"Measure" means a proposed constitutional amendment, an initiative, or
referendum.
(b)
"Measure" does not include a ballot proposition for the creation of a new school
district under Section
53G-3-301.1
,
53G-3-301.3
, or
53G-3-301.4
.
(28)
"Presiding officers" means the president of the Senate and the speaker of the House of
Representatives.
(29)
"Referendum" means a process by which a law passed by the Legislature or by a local
legislative body is submitted or referred to the voters for their approval or rejection.
(30)
"Referendum application" means:
(a)
for a statewide referendum, an application described in Subsection
20A-7-302(2)
that
includes all the information, statements, documents, and notarized signatures
required under Subsection
20A-7-302(2)
; or
(b)
for a local referendum, an application described in Subsection
20A-7-602(2)
that
includes all the information, statements, documents, and notarized signatures
required under Subsection
20A-7-602(2)
.
(31)
"Referendum packet" means a copy of the referendum petition, a copy of the law being
submitted or referred to the voters for their approval or rejection, and the signature
sheets, all of which have been bound together as a unit.
(32)
"Referendum petition" means:
(a)
as it relates to a statewide referendum, using the manual referendum process, the
form described in Subsection
20A-7-303(2)(a)
, petitioning for submission of a law
passed by the Legislature to legal voters for their approval or rejection;
(b)
as it relates to a statewide referendum, using the electronic referendum process, the
form described in Subsection
20A-7-313(2)
, petitioning for submission of a law
passed by the Legislature to legal voters for their approval or rejection;
(c)
as it relates to a local referendum, using the manual referendum process, the form
described in Subsection
20A-7-603(2)(a)
, petitioning for submission of a local law to
legal voters for their approval or rejection; or
(d)
as it relates to a local referendum, using the electronic referendum process, the form
described in Subsection
20A-7-614(2)
, petitioning for submission of a local law to
legal voters for their approval or rejection.
(33)
"Signature":
(a)
for a statewide initiative:
(i)
as it relates to the electronic initiative process, means an electronic signature
collected under Section
20A-7-215
and Subsection
20A-21-201
(6)(c)
20A-21-201(4)(c)
; or
(ii)
as it relates to the manual initiative process:
(A)
means a holographic signature collected physically on a signature sheet
described in Section
20A-7-203
;
(B)
as it relates to an individual who, due to a qualifying disability under the
Americans with Disabilities Act, is unable to fill out the signature sheet or to
sign the voter's name consistently, the initials "AV," indicating that the voter's
identity will be verified by an alternate verification process described in
Section
20A-7-106
; and
(C)
does not include an electronic signature;
(b)
for a statewide referendum:
(i)
as it relates to the electronic referendum process, means an electronic signature
collected under Section
20A-7-313
and Subsection
20A-21-201
(6)(c)
20A-21-201(4)(c)
; or
(ii)
as it relates to the manual referendum process:
(A)
means a holographic signature collected physically on a signature sheet
described in Section
20A-7-303
;
(B)
as it relates to an individual who, due to a qualifying disability under the
Americans with Disabilities Act, is unable to fill out the signature sheet or to
sign the voter's name consistently, the initials "AV," indicating that the voter's
identity will be verified by an alternate verification process described in
Section
20A-7-106
; and
(C)
does not include an electronic signature;
(c)
for a local initiative:
(i)
as it relates to the electronic initiative process, means an electronic signature
collected under Section
20A-7-514
and Subsection
20A-21-201
(6)(c)
20A-21-201(4)(c)
; or
(ii)
as it relates to the manual initiative process:
(A)
means a holographic signature collected physically on a signature sheet
described in Section
20A-7-503
;
(B)
as it relates to an individual who, due to a qualifying disability under the
Americans with Disabilities Act, is unable to fill out the signature sheet or to
sign the voter's name consistently, the initials "AV," indicating that the voter's
identity will be verified by an alternate verification process described in
Section
20A-7-106
; and
(C)
does not include an electronic signature; or
(d)
for a local referendum:
(i)
as it relates to the electronic referendum process, means an electronic signature
collected under Section
20A-7-614
and Subsection
20A-21-201
(6)(c)
20A-21-201(4)(c)
; or
(ii)
as it relates to the manual referendum process:
(A)
means a holographic signature collected physically on a signature sheet
described in Section
20A-7-603
;
(B)
as it relates to an individual who, due to a qualifying disability under the
Americans with Disabilities Act, is unable to fill out the signature sheet or to
sign the voter's name consistently, the initials "AV," indicating that the voter's
identity will be verified by an alternate verification process described in
Section
20A-7-106
; and
(C)
does not include an electronic signature.
(34)
"Signature sheets" means sheets in the form required by this chapter that are used
under the manual initiative process or the manual referendum process to collect
signatures in support of an initiative or referendum.
(35)
"Special local ballot proposition" means a local ballot proposition that is not a standard
local ballot proposition.
(36)
"Sponsors" means the legal voters who support the initiative or referendum and who
sign the initiative application or referendum application.
(37)
(a)
"Standard local ballot proposition" means a local ballot proposition for an
initiative or a referendum.
(b)
"Standard local ballot proposition" does not include a property tax referendum
described in Section
20A-7-613
.
(38)
"Tax percentage difference" means the difference between the tax rate proposed by an
initiative or an initiative petition and the current tax rate.
(39)
"Tax percentage increase" means a number calculated by dividing the tax percentage
difference by the current tax rate and rounding the result to the nearest thousandth.
(40)
"Verified" means acknowledged by the person circulating the petition as required in
Section
20A-7-105
.
Section 2. Section
20A-7-201
is amended to read:
20A-7-201
. Statewide initiatives -- Signature requirements -- Submission to the
Legislature or to a vote of the people.
(1)
(a)
A
Subject to Section
20A-21-202
, a
person seeking to have an initiative
submitted to the Legislature for approval or rejection shall, after filing an initiative
application, obtain:
(i)
legal signatures equal to 4% of the number of active voters in the state on January
1 immediately following the last regular general election; and
(ii)
from at least 26 Utah State Senate districts, legal signatures equal to 4% of the
number of active voters in that district on January 1 immediately following the
last regular general election.
(b)
If, at any time not less than 10 calendar days before the beginning of the next annual
general session of the Legislature, the lieutenant governor declares that an initiative
petition designated under Subsection
20A-7-202(2)(c)(i)
for submission to the
Legislature is signed by a sufficient number of voters to meet the requirements of
Subsection
(1)(a)
, the lieutenant governor shall deliver a copy of the initiative
petition, the text of the proposed law, and the cover sheet described in Subsection
(1)(c)
to the president of the Senate, the speaker of the House, and the director of the
Office of Legislative Research and General Counsel.
(c)
The lieutenant governor shall prepare a cover sheet for a petition declared sufficient
under Subsection
(1)(b)
that contains:
(i)
the number of active voters in the state on January 1 immediately following the
last regular general election;
(ii)
the number of active voters in each Utah State Senate district on January 1
immediately following the last regular general election;
(iii)
the total number of certified signatures obtained for the initiative petition; and
(iv)
the total number of certified signatures obtained from each Utah State Senate
district for the initiative petition.
(2)
(a)
A
Subject to Section
20A-21-202
, a
person seeking to have an initiative
submitted to a vote of the people for approval or rejection shall, after filing an
initiative application, obtain:
(i)
legal signatures equal to 8% of the number of active voters in the state on January
1 immediately following the last regular general election; and
(ii)
from at least 26 Utah State Senate districts, legal signatures equal to 8% of the
number of active voters in that district on January 1 immediately following the
last regular general election.
(b)
If an initiative petition meets the requirements of this part and the lieutenant
governor declares that the initiative petition is signed by a sufficient number of voters
to meet the requirements of Subsection
(2)(a)
, the lieutenant governor shall submit
the proposed law to a vote of the people at the next regular general election:
(i)
immediately after the application is filed under Section
20A-7-202
; and
(ii)
specified on the petition under Section
20A-7-203
.
(3)
The lieutenant governor shall provide the following information to any interested person:
(a)
the number of active voters in the state on January 1 immediately following the last
regular general election; and
(b)
for each Utah State Senate district, the number of active voters in that district on
January 1 immediately following the last regular general election.
Section 3. 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)
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)
20A-21-201(4)(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
Subject to Subsection
20A-21-202(8)
(a)(i), 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 4. Section
20A-7-213
is amended to read:
20A-7-213
. Misconduct of electors and officers -- Penalty.
(1)
It is unlawful for an individual to:
(a)
sign any name other than the individual's own to an initiative petition or a statement
described in Subsection
20A-7-105(8)
or
20A-7-216(4)
;
(b)
knowingly sign the individual's name more than once for the same initiative at one
election;
(c)
knowingly indicate that an individual who signed an initiative petition signed the
initiative petition on a date other than the date that the individual signed the initiative
petition;
(d)
sign an initiative petition knowing the individual is not a legal voter;
(e)
on behalf of a voter described in Section
20A-7-106
, place the initials "AV" or enter
any information on a signature sheet or statement described in Section
20A-7-106
, if
the individual:
(i)
does not obtain the voluntary direction or consent of the voter;
(ii)
believes or has reason to believe that the voter lacks the mental capacity to give
the voter's direction or consent;
(iii)
believes or has reason to believe that the voter does not understand the purpose
or nature of the action taken by the individual on behalf of the voter;
(iv)
intentionally or knowingly deceives the voter into providing the direction or
consent of the voter; or
(v)
intentionally or knowingly enters false information on the signature sheet or
statement; or
(f)
knowingly and willfully violate any provision of this part.
(2)
It is unlawful for an individual to sign the verification for an initiative packet, or to
electronically sign the verification for a signature under Subsection
20A-21-201(10)
20A-21-201(8)
, knowing that:
(a)
the signature date associated with the individual's signature for the initiative petition
is not the date that the individual signed the initiative petition;
(b)
the individual has not witnessed the signatures of those individuals whose signatures
the individual collects or submits; or
(c)
one or more individuals who signed the initiative petition are not registered to vote in
Utah.
(3)
It is unlawful for an individual to:
(a)
pay an individual to sign an initiative petition;
(b)
pay an individual to remove the individual's signature from an initiative petition;
(c)
accept payment to sign an initiative petition; or
(d)
accept payment to have the individual's name removed from an initiative petition.
(4)
A violation of this section is a class A misdemeanor.
Section 5. Section
20A-7-301
is amended to read:
20A-7-301
. Referendum -- Signature requirements -- Submission to voters.
(1)
(a)
A
Subject to Section
20A-21-202
, a
person seeking to have a law passed by the
Legislature submitted to a vote of the people shall, after filing a referendum
application, obtain:
(i)
legal signatures equal to 8% of the number of active voters in the state on January
1 immediately following the last regular general election; and
(ii)
from at least 15 Senate districts, legal signatures equal to 8% of the number of
active voters in that Senate district on January 1 immediately following the last
regular general election.
(b)
When the lieutenant governor declares that a referendum petition is signed by a
sufficient number of voters to meet the requirements of Subsection
(1)(a)
, the
governor shall issue an executive order that:
(i)
directs that the referendum be submitted to the voters at the next regular general
election; or
(ii)
calls a special election according to the requirements of Section
20A-1-203
and
directs that the referendum be submitted to the voters at that special election.
(2)
When the lieutenant governor declares that a referendum petition is signed by a
sufficient number of voters, the law that is the subject of the petition does not take effect
unless and until it is approved by a vote of the people at a regular general election or a
statewide special election.
(3)
The lieutenant governor shall provide the following information to any interested person:
(a)
the number of active voters in the state on January 1 immediately following the last
regular general election; and
(b)
for each county, the number of active voters in that Senate district on January 1
immediately following the last regular general election.
Section 6. Section
20A-7-304.5
is amended to read:
20A-7-304.5
. Posting referendum information.
(1)
On the day on which the lieutenant governor complies with Subsection
20A-7-304(3)
,
or provides the sponsors with access to the
website
system
defined in Section
20A-21-101
, the lieutenant governor shall post the following information together in a
conspicuous place on the lieutenant governor's website:
(a)
the referendum petition;
(b)
a copy of the law that is the subject of the referendum petition; and
(c)
information describing how an individual may remove the individual's signature
from the referendum petition.
(2)
The lieutenant governor shall:
(a)
promptly update the information described in Subsection
(1)
if the information
changes; and
(b)
maintain the information described in Subsection
(1)
on the lieutenant governor's
website until the referendum fails to qualify for the ballot or is passed or defeated at
an election.
Section 7. 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)
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)
20A-21-201(4)(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
Subject to Subsection
20A-7-202(8)
(a)(i), 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 8. Section
20A-7-312
is amended to read:
20A-7-312
. Misconduct of electors and officers -- Penalty.
(1)
It is unlawful for any person to:
(a)
sign any name other than the person's own to a referendum petition;
(b)
knowingly sign the person's name more than once for the same referendum petition
at one election;
(c)
knowingly indicate that a person who signed a referendum petition signed the
referendum petition on a date other than the date that the person signed the petition;
(d)
sign a referendum petition knowing the person is not a legal voter; or
(e)
knowingly and willfully violate any provision of this part.
(2)
It is unlawful for any person to sign the verification for a referendum packet, or to
electronically sign the verification for a signature under Subsection
20A-21-201(10)
20A-21-201(8)
knowing that:
(a)
the signature date associated with the person's signature for the referendum petition
is not the date that the person signed the referendum petition;
(b)
the person has not witnessed the signatures of those persons whose signatures the
person collects or submits; or
(c)
one or more individuals who sign the referendum petition are not registered to vote
in Utah.
(3)
It is unlawful for any person to:
(a)
pay a person to sign a referendum petition;
(b)
pay a person to remove the person's signature from a referendum petition;
(c)
accept payment to sign a referendum petition;
(d)
accept payment to have the person's name removed from a referendum petition; or
(e)
on behalf of a voter described in Section
20A-7-106
, place the initials "AV" or enter
any information on a signature sheet or statement described in Section
20A-7-106
, if
the individual:
(i)
does not obtain the voluntary direction or consent of the voter;
(ii)
believes or has reason to believe that the voter lacks the mental capacity to give
the voter's direction or consent;
(iii)
believes or has reason to believe that the voter does not understand the purpose
or nature of the action taken by the individual on behalf of the voter;
(iv)
intentionally or knowingly deceives the voter into providing the direction or
consent of the voter; or
(v)
intentionally or knowingly enters false information on the signature sheet or
statement.
(4)
Any person violating this section is guilty of a class A misdemeanor.
Section 9. Section
20A-7-501
is amended to read:
20A-7-501
. Initiatives -- Signature requirements -- Time requirements.
(1)
As used in this section:
(a)
"Number of active voters" means the number of active voters in the county, city, or
town on the immediately preceding January 1.
(b)
"Voter participation area" means an area described in Subsection
20A-7-401.3(1)(a)

or
(2)(b)
.
(2)
An
Subject to Section
20A-21-202
, an
eligible voter seeking to have an initiative
submitted to a local legislative body or to a vote of the people for approval or rejection
shall, after filing an initiative application, obtain legal signatures equal to:
(a)
for a county of the first class:
(i)
7.75% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020, 7.75% of the number of active voters in at least
75% of the county's voter participation areas;
(b)
for a city of the first class:
(i)
7.5% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020, 7.5% of the number of active voters in at least 75%
of the city's voter participation areas;
(c)
for a county of the second class:
(i)
8% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020, 8% of the number of active voters in at least 75%
of the county's voter participation areas;
(d)
for a city of the second class:
(i)
8.25% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020, 8.25% of the number of active voters in at least
75% of the city's voter participation areas;
(e)
for a county of the third class:
(i)
9.5% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020, 9.5% of the number of active voters in at least 75%
of the county's voter participation areas;
(f)
for a city of the third class:
(i)
10% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020, 10% of the number of active voters in at least 75%
of the city's voter participation areas;
(g)
for a county of the fourth class:
(i)
11.5% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020, 11.5% of the number of active voters in at least
75% of the county's voter participation areas;
(h)
for a city of the fourth class:
(i)
11.5% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020, 11.5% of the number of active voters in at least
75% of the city's voter participation areas;
(i)
for a city of the fifth class or a county of the fifth class, 25% of the number of active
voters in the city or county; or
(j)
for a town or a county of the sixth class, 35% of the number of active voters in the
town or county.
(3)
If the total number of certified signatures collected for the initiative petition equals or
exceeds the number of signatures required by this section, the clerk or recorder shall
deliver the proposed law to the local legislative body at the local legislative body's next
meeting.
(4)
(a)
The local legislative body shall either adopt or reject the proposed law without
change or amendment within 30 calendar days after the day on which the local
legislative body receives the proposed law under Subsection
(3)
.
(b)
The local legislative body may:
(i)
adopt the proposed law and refer the proposed law to the people;
(ii)
adopt the proposed law without referring the proposed law to the people; or
(iii)
reject the proposed law.
(c)
If the local legislative body adopts the proposed law but does not refer the proposed
law to the people, the proposed law is subject to referendum as with other local laws.
(d)
(i)
If a county legislative body rejects a proposed law, or takes no action on a
proposed law, the county clerk shall submit the proposed law to the voters of the
county at the next regular general election immediately after the initiative
application for the proposed law is filed under Section
20A-7-502
.
(ii)
If a local legislative body of a municipality rejects a proposed law, or takes no
action on a proposed law, the municipal recorder or clerk shall submit the
proposed law to the voters of the municipality at the next municipal general
election immediately after the initiative application is filed under Section
20A-7-502
.
(e)
(i)
If a local legislative body rejects a proposed law, or takes no action on a
proposed law, the local legislative body may adopt a competing local law.
(ii)
The local legislative body shall prepare and adopt the competing local law within
the 30-calendar-day period described in Subsection
(4)(a)
.
(iii)
If a local legislative body adopts a competing local law, the clerk or recorder
shall refer the competing local law to the voters of the county or municipality at
the same election at which the law proposed by initiative is submitted under
Subsection
(4)(d)
.
(f)
If conflicting local laws are submitted to the people at the same election and two or
more of the conflicting measures are approved by the people, the proposed law that
receives the greatest number of affirmative votes shall control all conflicts.
Section 10. Section
20A-7-502.7
is amended to read:
20A-7-502.7
. Referability to voters.
(1)
Within 20 calendar days after the day on which an eligible voter files an initiative
application under Section
20A-7-502
, counsel for the county, city, or town to which the
initiative pertains shall:
(a)
review the proposed law that is the subject of the initiative application to determine
whether the law is legally referable to voters; and
(b)
notify the first three sponsors, in writing, whether the proposed law is:
(i)
legally referable to voters; or
(ii)
rejected as not legally referable to voters.
(2)
A proposed law that is the subject of an initiative application is legally referable to
voters unless:
(a)
the proposed law:
(i)
is patently unconstitutional;
(ii)
is nonsensical;
(iii)
is administrative, rather than legislative, in nature;
(iv)
could not become law if passed;
or
(v)
contains more than one subject as evaluated in accordance with Subsection
20A-7-502(3)
;
or
(b)
(vi)
is identical or substantially similar to a legally referable proposed law sought
by an initiative application submitted to the local clerk, under Section
20A-7-502
,
within two years before the day on which the initiative application for the current
proposed law is filed;
(c)
(b)
the subject of the proposed law is not clearly expressed in the law's title; or
(d)
(c)
the initiative application was not timely filed or does not comply with the
requirements of this part.
(3)
After the end of the 20-calendar-day period described in Subsection
(1)
, a county, city,
or town may not:
(a)
reject a proposed initiative as not legally referable to voters; or
(b)
bring a legal action, other than to appeal a court decision, challenging a proposed
initiative on the grounds that the proposed initiative is not legally referable to voters.
(4)
If a county, city, or town rejects a proposed initiative, a sponsor of the proposed
initiative may, within 10 days after the day on which a sponsor is notified under
Subsection
(1)(b)
, appeal the decision to:
(a)
a
district court; or
(b)
the Supreme Court, if the Supreme Court has original jurisdiction over the appeal.
(5)
If, on appeal, the court determines that the law proposed by the initiative application is
legally referable to voters, the local clerk shall comply with Subsection
20A-7-504(3)
, or
give the sponsors access to the
website
system
defined in Section
20A-21-101
, within
five calendar days after the day on which the determination, and any appeal of the
determination, is final.
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)
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)
; 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)
20A-21-201(4)(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
Subject to Subsection
20A-21-202(8)
(a)(ii), 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-7-512
is amended to read:
20A-7-512
. Misconduct of electors and officers -- Penalty.
(1)
It is unlawful for any individual to:
(a)
sign any name other than the individual's own name to an initiative petition or a
statement described in Subsection
20A-7-105(8)
or
20A-7-515(4)
;
(b)
knowingly sign the individual's name more than once for the same initiative at one
election;
(c)
knowingly indicate that an individual who signed an initiative petition signed the
initiative petition on a date other than the date that the individual signed the initiative
petition;
(d)
sign an initiative petition knowing the individual is not a legal voter; or
(e)
knowingly and willfully violate any provision of this part.
(2)
It is unlawful for an individual to sign the verification for an initiative packet, or to
electronically sign the verification for a signature under Subsection
20A-21-201(10)
20A-21-201(8)
, knowing that:
(a)
the signature date associated with the individual's signature for the initiative petition
is not the date that the individual signed the initiative petition;
(b)
the individual has not witnessed the signatures of the individuals whose signatures
the individual collects or submits; or
(c)
one or more individuals who signed the initiative petition are not registered to vote in
Utah.
(3)
It is unlawful for an individual to:
(a)
pay an individual to sign an initiative petition;
(b)
pay an individual to remove the individual's signature from an initiative petition;
(c)
accept payment to sign an initiative petition;
(d)
accept payment to have the individual's name removed from an initiative petition; or
(e)
on behalf of a voter described in Section
20A-7-106
, place the initials "AV" or enter
any information on a signature sheet or statement described in Section
20A-7-106
, if
the individual:
(i)
does not obtain the voluntary direction or consent of the voter;
(ii)
believes or has reason to believe that the voter lacks the mental capacity to give
the voter's direction or consent;
(iii)
believes or has reason to believe that the voter does not understand the purpose
or nature of the action taken by the individual on behalf of the voter;
(iv)
intentionally or knowingly deceives the voter into providing the direction or
consent of the voter; or
(v)
intentionally or knowingly enters false information on the signature sheet or
statement.
(4)
A violation of this section is a class A misdemeanor.
Section 13. Section
20A-7-601
is amended to read:
20A-7-601
. Referenda -- General signature requirements -- Signature
requirements for land use laws, subjurisdictional laws, and transit area land use laws --
Time requirements.
(1)
As used in this section:
(a)
"Number of active voters" means the number of active voters in the county, city, or
town on the immediately preceding January 1.
(b)
"Qualifying county" means a county that has created a small public transit district, as
defined in Section
17B-2a-802
, on or before January 1, 2022.
(c)
"Qualifying transit area" means:
(i)
a station area, as defined in Section
10-21-101
, for which the municipality with
jurisdiction over the station area has satisfied the requirements of Subsection
10-21-203(1)(a)(i)
, as demonstrated by the adoption of a station area plan or
resolution under Subsection
10-21-203(1)
; or
(ii)
a housing and transit reinvestment zone, as defined in Section
63N-3-602
, created
within a qualifying county.
(d)
"Subjurisdiction" means an area comprised of all precincts and subprecincts in the
jurisdiction of a county, city, or town that are subject to a subjurisdictional law.
(e)
(i)
"Subjurisdictional law" means a local law or local obligation law passed by a
local legislative body that imposes a tax or other payment obligation on property
in an area that does not include all precincts and subprecincts under the
jurisdiction of the county, city, or town.
(ii)
"Subjurisdictional law" does not include a land use law.
(f)
"Transit area land use law" means a land use law that relates to the use of land within
a qualifying transit area.
(g)
"Voter participation area" means an area described in Subsection
20A-7-401.3(1)(a)

or
(2)(b)
.
(2)
Except
Subject to Section
20A-21-202
, and except
as provided in Subsections
(3)

through
(5)
, an eligible voter seeking to have a local law passed by the local legislative
body submitted to a vote of the people shall, after filing a referendum application, obtain
legal signatures equal to:
(a)
for a county of the first class:
(i)
7.75% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020, 7.75% of the number of active voters in at least
75% of the county's voter participation areas;
(b)
for a city of the first class:
(i)
7.5% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020, 7.5% of the number of active voters in at least 75%
of the city's voter participation areas;
(c)
for a county of the second class:
(i)
8% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020, 8% of the number of active voters in at least 75%
of the county's voter participation areas;
(d)
for a city of the second class:
(i)
8.25% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020, 8.25% of the number of active voters in at least
75% of the city's voter participation areas;
(e)
for a county of the third class:
(i)
9.5% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020, 9.5% of the number of active voters in at least 75%
of the county's voter participation areas;
(f)
for a city of the third class:
(i)
10% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020, 10% of the number of active voters in at least 75%
of the city's voter participation areas;
(g)
for a county of the fourth class:
(i)
11.5% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020, 11.5% of the number of active voters in at least
75% of the county's voter participation areas;
(h)
for a city of the fourth class:
(i)
11.5% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020, 11.5% of the number of active voters in at least
75% of the city's voter participation areas;
(i)
for a city of the fifth class or a county of the fifth class, 25% of the number of active
voters in the city or county; or
(j)
for a town or a county of the sixth class, 35% of the number of active voters in the
town or county.
(3)
Except
Subject to Section
20A-21-202
, and except
as provided in Subsection
(4)
or
(5)
,
an eligible voter seeking to have a land use law or local obligation law passed by the
local legislative body submitted to a vote of the people shall, after filing a referendum
application, obtain legal signatures equal to:
(a)
for a county of the first, second, third, or fourth class:
(i)
16% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020, 16% of the number of active voters in at least 75%
of the county's voter participation areas;
(b)
for a county of the fifth or sixth class:
(i)
16% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020, 16% of the number of active voters in at least 75%
of the county's voter participation areas;
(c)
for a city of the first class:
(i)
15% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020, 15% of the number of active voters in at least 75%
of the city's voter participation areas;
(d)
for or a city of the second class:
(i)
16% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020, 16% of the number of active voters in at least 75%
of the city's voter participation areas;
(e)
for a city of the third class:
(i)
27.5% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020, 27.5% of the number of active voters in at least
75% of the city's voter participation areas;
(f)
for a city of the fourth class:
(i)
29% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020, 29% of the number of active voters in at least 75%
of the city's voter participation areas;
(g)
for a city of the fifth class, 35% of the number of active voters in the city; or
(h)
for a town, 40% of the number of active voters in the town.
(4)
A
Subject to Section
20A-21-202
, a
person seeking to have a subjurisdictional law
passed by the local legislative body submitted to a vote of the people shall, after filing a
referendum application, obtain legal signatures of the residents in the subjurisdiction
equal to:
(a)
10% of the number of active voters in the subjurisdiction if the number of active
voters exceeds 25,000;
(b)
12.5% of the number of active voters in the subjurisdiction if the number of active
voters does not exceed 25,000 but is more than 10,000;
(c)
15% of the number of active voters in the subjurisdiction if the number of active
voters does not exceed 10,000 but is more than 2,500;
(d)
20% of the number of active voters in the subjurisdiction if the number of active
voters does not exceed 2,500 but is more than 500;
(e)
25% of the number of active voters in the subjurisdiction if the number of active
voters does not exceed 500 but is more than 250; and
(f)
30% of the number of active voters in the subjurisdiction if the number of active
voters does not exceed 250.
(5)
An
Subject to Section
20A-21-202
, an
eligible voter seeking to have a transit area land
use law passed by the local legislative body submitted to a vote of the people shall, after
filing a referendum application, obtain legal signatures equal to:
(a)
for a county:
(i)
20% of the number of active voters in the county; and
(ii)
21% of the number of active voters in at least 75% of the county's voter
participation areas;
(b)
for a city of the first class:
(i)
20% of the number of active voters in the city; and
(ii)
20% of the number of active voters in at least 75% of the city's voter participation
areas;
(c)
for a city of the second class:
(i)
20% of the number of active voters in the city; and
(ii)
21% of the number of active voters in at least 75% of the city's voter participation
areas;
(d)
for a city of the third class:
(i)
34% of the number of active voters in the city; and
(ii)
34% of the number of active voters in at least 75% of the city's voter participation
areas;
(e)
for a city of the fourth class:
(i)
36% of the number of active voters in the city; and
(ii)
36% of the number of active voters in at least 75% of the city's voter participation
areas; or
(f)
for a city of the fifth class or a town, 40% of the number of active voters in the city or
town.
(6)
Sponsors of any referendum petition challenging, under Subsection
(2)
, (3), (4), or (5),
any local law passed by a local legislative body shall file the application no later than the
first business day that is at least five days after the day on which the local law was
passed.
(7)
This section does not authorize a local legislative body to impose a tax or other payment
obligation on a subjurisdiction in order to benefit an area outside of the subjurisdiction.
Section 14. Section
20A-7-602.7
is amended to read:
20A-7-602.7
. Referability to voters of local law other than land use law.
(1)
Within 20 calendar days after the day on which an eligible voter files a referendum
application under Section
20A-7-602
for a local law other than a land use law, counsel
for the county, city, or town to which the referendum pertains shall:
(a)
review the referendum application to determine whether the proposed referendum is
legally referable to voters; and
(b)
notify the first three sponsors, in writing, whether the proposed referendum is:
(i)
legally referable to voters; or
(ii)
rejected as not legally referable to voters.
(2)
For a local law other than a land use law, a proposed referendum is legally referable to
voters unless:
(a)
the proposed referendum challenges an action that is administrative, rather than
legislative, in nature;
(b)
the proposed referendum challenges more than one law passed by the local
legislative body; or
(c)
the referendum application was not timely filed or does not comply with the
requirements of this part.
(3)
After the end of the 20-calendar-day period described in Subsection
(1)
, a county, city,
or town may not, for a local law other than a land use law:
(a)
reject a proposed referendum as not legally referable to voters; or
(b)
except as provided in Subsection
(4)
, challenge, in a legal action or otherwise, a
proposed referendum on the grounds that the proposed referendum is not legally
referable to voters.
(4)
(a)
If, under Subsection
(1)(b)(ii)
, a county, city, or town rejects a proposed
referendum concerning a local law other than a land use law, a sponsor of the
proposed referendum may, within 10 days after the day on which a sponsor is
notified under Subsection
(1)(b)
, challenge or appeal the decision to:
(i)
the Supreme Court, by means of an extraordinary writ, if possible; or
(ii)
a district court, if the sponsor is prohibited from pursuing an extraordinary writ
under Subsection
(4)(a)(i)
.
(b)
Failure of a sponsor to timely challenge or appeal a rejection under Subsection
(4)(a)

terminates the referendum.
(5)
If, on a challenge or appeal, the court determines that the proposed referendum
described in Subsection
(4)
is legally referable to voters, the local clerk shall comply
with Subsection
20A-7-604(3)
, or give the sponsors access to the
website
system

defined in Section
20A-21-101
, within five calendar days after the day on which the
determination, and any challenge or appeal of the determination, is final.
Section 15. Section
20A-7-602.8
is amended to read:
20A-7-602.8
. Referability to voters of local land use law.
(1)
Within 20 calendar days after the day on which a referendum eligible voter files an
application under Section
20A-7-602
for a land use law, counsel for the county, city, or
town to which the referendum pertains shall:
(a)
review the referendum application to determine whether the proposed referendum is
legally referable to voters; and
(b)
notify the first three sponsors, in writing, whether the proposed referendum is:
(i)
legally referable to voters; or
(ii)
rejected as not legally referable to voters.
(2)
(a)
Subject to Subsection
(2)(b)
, for a land use law, a proposed referendum is legally
referable to voters unless:
(i)
the proposed referendum challenges an action that is administrative, rather than
legislative, in nature;
(ii)
the proposed referendum challenges a land use decision, rather than a land use
regulation, as those terms are defined in Section
10-20-102
or
17-79-102
;
(iii)
the proposed referendum challenges more than one law passed by the local
legislative body; or
(iv)
the referendum application was not timely filed or does not comply with the
requirements of this part.
(b)
In addition to the limitations of Subsection
(2)(a)
, a proposed referendum is not
legally referable to voters for a:
(i)
municipal land use law, as defined in Section
20A-7-101
, if the land use law was
passed by a unanimous vote of the local legislative body; or
(ii)
transit area land use law, as defined in Section
20A-7-601
, if the transit area land
use law was passed by a two-thirds vote of the local legislative body.
(3)
After the end of the 20-calendar-day period described in Subsection
(1)
, a county, city,
or town may not, for a land use law:
(a)
reject a proposed referendum as not legally referable to voters; or
(b)
except as provided in Subsection
(4)
, challenge, in a legal action or otherwise, a
proposed referendum on the grounds that the proposed referendum is not legally
referable to voters.
(4)
(a)
If a county, city, or town rejects a proposed referendum concerning a land use
law, a sponsor of the proposed referendum may, within seven days after the day on
which a sponsor is notified under Subsection
(1)(b)
, challenge or appeal the decision
to:
(i)
the Supreme Court, by means of an extraordinary writ, if possible; or
(ii)
a district court, if the sponsor is prohibited from pursuing an extraordinary writ
under Subsection
(4)(a)(i)
.
(b)
Failure of a sponsor to timely challenge or appeal a rejection under Subsection
(4)(a)

terminates the referendum.
(5)
If, on challenge or appeal, the court determines that the proposed referendum is legally
referable to voters, the local clerk shall comply with Subsection
20A-7-604(3)
, or give
the sponsors access to the
website
system
defined in Section
20A-21-101
, within five
calendar days after the day on which the determination, and any challenge or appeal of
the determination, is final.
Section 16. Section
20A-7-604.5
is amended to read:
20A-7-604.5
. Posting referendum information.
(1)
On the day on which the local clerk complies with Subsection
20A-7-604(3)
, or gives
the sponsors access to the
website
system
defined in Section
20A-21-101
, the local
clerk shall post the following information together in a conspicuous place on the local
clerk's website:
(a)
the referendum petition;
(b)
a copy of the law that is the subject of the referendum petition; and
(c)
information describing how an individual may remove the individual's signature
from the referendum petition.
(2)
The local clerk shall:
(a)
promptly update the information described in Subsection
(1)
if the information
changes; and
(b)
maintain the information described in Subsection
(1)
on the local clerk's website
until the referendum fails to qualify for the ballot or is passed or defeated at an
election.
Section 17. 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)
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)
, 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)
20A-21-201(4)(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
Subject to Subsection
20A-21-202(8)
(a)(ii), 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 18. Section
20A-7-612
is amended to read:
20A-7-612
. Misconduct of electors and officers -- Penalty.
(1)
It is unlawful for an individual to:
(a)
sign a name other than the individual's own name to any referendum petition;
(b)
knowingly sign the individual's name more than once for the same referendum at one
election;
(c)
knowingly indicate that an individual who signed a referendum petition signed the
referendum petition on a date other than the date that the individual signed the
referendum petition;
(d)
sign a referendum petition knowing that the individual is not a legal voter;
(e)
in connection with circulating a referendum petition, represent that a document is an
official government document if the individual knows or has reason to know that the
document is not an official government document; or
(f)
knowingly and willfully violate any provision of this part.
(2)
It is unlawful for an individual to sign the verification for a referendum packet, or to
electronically sign the verification for a signature under Subsection
20A-21-201(10)
20A-21-201(8)
, knowing that:
(a)
the signature date associated with the individual's signature for the referendum
petition is not the date that the individual signed the referendum petition;
(b)
the individual has not witnessed the signatures the individual collects or submits; or
(c)
one or more individuals whose signatures appear in the referendum packet is not
registered to vote in Utah.
(3)
It is unlawful for an individual to:
(a)
pay an individual to sign a referendum petition;
(b)
pay an individual to remove the individual's signature from a referendum petition;
(c)
accept payment to sign a referendum petition;
(d)
accept payment to have the individual's name removed from a referendum petition; or
(e)
on behalf of a voter described in Section
20A-7-106
, place the initials "AV" or enter
any information on a signature sheet or statement described in Section
20A-7-106
, if
the individual:
(i)
does not obtain the voluntary direction or consent of the voter;
(ii)
believes or has reason to believe that the voter lacks the mental capacity to give
the voter's direction or consent;
(iii)
believes or has reason to believe that the voter does not understand the purpose
or nature of the action taken by the individual on behalf of the voter;
(iv)
intentionally or knowingly deceives the voter into providing the direction or
consent of the voter; or
(v)
intentionally or knowingly enters false information on the signature sheet or
statement.
(4)
A violation of this section is a class A misdemeanor.
(5)
The county attorney or municipal attorney shall prosecute any violation of this section.
Section 19. Section
20A-9-101
is amended to read:
20A-9-101
. Definitions.
As used in this chapter:
(1)
(a)
"Candidates for elective office" means persons who file a declaration of candidacy
under Section
20A-9-202
to run in a regular general election for a federal office,
constitutional office, multicounty office, or county office.
(b)
"Candidates for elective office" does not mean candidates for:
(i)
justice or judge of court of record or not of record;
(ii)
presidential elector;
(iii)
any political party offices; and
(iv)
municipal or special district offices.
(2)
"Constitutional office" means the state offices of governor, lieutenant governor, attorney
general, state auditor, and state treasurer.
(3)
"Continuing political party" means the same as that term is defined in Section
20A-8-101
.
(4)
(a)
"County office" means an elective office where the officeholder is selected by
voters entirely within one county.
(b)
"County office" does not mean:
(i)
the office of justice or judge of any court of record or not of record;
(ii)
the office of presidential elector;
(iii)
any political party offices;
(iv)
any municipal or special district offices; and
(v)
the office of United States Senator and United States Representative.
(5)
"Electronic candidate qualification process" means:
(a)
as it relates to a registered political party that is not a qualified political party, the
process for gathering signatures electronically to seek the nomination of a registered
political party, described in:
(i)
Section
20A-9-403
;
(ii)
Section
20A-9-405
, except Subsections
20A-9-405(3)
and
(5)
; and
(iii)
Section
20A-21-201
; and
(b)
as it relates to a qualified political party, the process, for gathering signatures
electronically to seek the nomination of a registered political party, described in:
(i)
Section
20A-9-405
, except Subsections
20A-9-405(3)
and
(5)
;
(ii)
Section
20A-9-408
; and
(iii)
Section
20A-21-201
.
(6)
"Federal office" means an elective office for United States Senator and United States
Representative.
(7)
"Filing officer" means:
(a)
the lieutenant governor, for:
(i)
the office of United States Senator and United States Representative; and
(ii)
all constitutional offices;
(b)
for the office of a state senator, state representative, or the state school board, the
lieutenant governor or the applicable clerk described in Subsection
(7)(c)
or
(d)
;
(c)
the county clerk, for county offices and local school district offices;
(d)
the county clerk in the filer's county of residence, for multicounty offices;
(e)
the city or town clerk, for municipal offices; or
(f)
the special district clerk, for special district offices.
(8)
"Local government office" includes county offices, municipal offices, and special
district offices and other elective offices selected by the voters from a political division
entirely within one county.
(9)
"Manual candidate qualification process" means the process for gathering signatures to
seek the nomination of a registered political party, using paper signature packets that a
signer physically signs.
(10)
(a)
"Multicounty office" means an elective office where the officeholder is selected
by the voters from more than one county.
(b)
"Multicounty office" does not mean:
(i)
a county office;
(ii)
a federal office;
(iii)
the office of justice or judge of any court of record or not of record;
(iv)
the office of presidential elector;
(v)
any political party offices; or
(vi)
any municipal or special district offices.
(11)
"Municipal office" means an elective office in a municipality.
(12)
(a)
"Political division" means a geographic unit from which an officeholder is
elected and that an officeholder represents.
(b)
"Political division" includes a county, a city, a town, a special district, a school
district, a legislative district, and a county prosecution district.
(13)
"Qualified political party" means a registered political party that:
(a)
(i)
permits a delegate for the registered political party to vote on a candidate
nomination in the registered political party's convention remotely; or
(ii)
provides a procedure for designating an alternate delegate if a delegate is not
present at the registered political party's convention;
(b)
does not hold the registered political party's convention before the fourth Saturday in
March of an even-numbered year;
(c)
permits a member of the registered political party to seek the registered political
party's nomination for any elective office by the member choosing to seek the
nomination by either or both of the following methods:
(i)
seeking the nomination through the registered political party's convention process,
in accordance with the provisions of Section
20A-9-407
; or
(ii)
seeking the nomination by collecting signatures, in accordance with the
provisions of Section
20A-9-408
; and
(d)
(i)
if the registered political party is a continuing political party, no later than 5
p.m. on the first Monday of October of an odd-numbered year, certifies to the
lieutenant governor that, for the election in the following year, the registered
political party intends to nominate the registered political party's candidates in
accordance with the provisions of Section
20A-9-406
; or
(ii)
if the registered political party is not a continuing political party, certifies at the
time that the registered political party files the petition described in Section
20A-8-103
that, for the next election, the registered political party intends to
nominate the registered political party's candidates in accordance with the
provisions of Section
20A-9-406
.
(14)
"Signature," as it relates to a petition for a candidate to seek the nomination of a
registered political party, means:
(a)
when using the manual candidate qualification process, a holographic signature
collected physically on a nomination petition described in Subsection
20A-9-405(3)
;
or
(b)
when using the electronic candidate qualification process:
(i)
an electronic signature collected under Subsection
20A-21-201(6)(c)(ii)(A)
20A-21-201(4)(c)(ii)(A)
; or
(ii)
a holographic signature collected electronically under Subsection
20A-21-201(6)(c)(ii)(B)
20A-21-201(4)(c)(ii)(B)
.
(15)
"Special district office" means an elected office in a special district.
Section 20. 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)
,
and subject to Section
20A-21-202
,
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
required to
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 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;
(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 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)
.
(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 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 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:
(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)
,
along with instructions on how those 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 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)
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)
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.
Section 21. 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
Subject to Section
20A-21-202
, 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)
(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)
, 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.
(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
for
a member of a qualified political party
must
to
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.
Section 22. 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.
(5)
(a)
To
Subject to Chapter 21, Electronic Signature Gathering, 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)
(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.
(b)
A statement described in Subsection
(6)(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.
Section 23. Section
20A-21-101
is amended to read:
20A-21-101
. Definitions.
As used in this chapter:
(1)
"Approved device" means a device described in Subsection
20A-21-201(4)
20A-21-201(2)
.
(2)
"Candidate qualification process" means the process, described in Section
20A-9-403
or
20A-9-408
, of gathering signatures to seek the nomination of a registered political party.
(3)
"Electronic candidate qualification process" means the same as that term is defined in
Section
20A-9-101
.
(4)
"Electronic initiative process" means the same as that term is defined in Section
20A-7-101
.
(5)
"Electronic referendum process" means the same as that term is defined in Section
20A-7-101
.
(6)
"Electronic signature gathering process" means:
(a)
the electronic candidate qualification process;
(b)
the electronic initiative process; or
(c)
the electronic referendum process.
(6)
(7)
"Manual candidate qualification process" means the same as that term is defined in
Section
20A-9-101
.
(7)
(8)
"Petition" means:
(a)
as it relates to the electronic initiative process or the electronic referendum process,
the electronic record that an individual signs to indicate the individual is in favor of
placing the initiative or referendum on the ballot; or
(b)
as it relates to electronic candidate qualification process, the electronic record that an
individual signs to indicate the individual is in favor of placing an individual's name
on the ballot to run for a particular elective office.
(8)
(9)
"Signature" means:
(a)
as it relates to a signature gathered for an initiative or referendum, the same as that
term is defined in Section
20A-7-101
; or
(b)
as it relates to a signature gathered for the candidate qualification process, the same
as that term is defined in Section
20A-9-101
.
(9)
(10)
"Website"
"System"
means:
(a)
as it relates to the electronic initiative process or the electronic referendum process,
the
website
web-based or application-based interface
designated by the lieutenant
governor for collecting the signatures and other information relating to the electronic
initiative process or the electronic referendum process; or
(b)
as it relates to the electronic candidate qualification process,
a website
the
web-based or application-based interface
designated by the lieutenant governor for
collecting the signatures and other information relating to the electronic candidate
qualification process.
The following section is affected by a coordination clause at the end of this bill.
Section 24. Section
20A-21-201
is amended to read:
20A-21-201
. Electronic signature gathering for an initiative, a referendum, or
candidate qualification.
(1)
Subject to Section
20A-21-202
:
(a)
After
after
filing a petition for a statewide initiative or a statewide referendum, and
before gathering signatures, the sponsors shall, after consulting with the Office of the
Lieutenant Governor, sign a form provided by the Office of the Lieutenant Governor
indicating whether the sponsors will gather signatures manually, electronically, or
both
.
;
(2)
(b)
After
after
filing a petition for a local initiative or a local referendum, and
before gathering signatures, the sponsors shall, after consulting with the local clerk's
office, sign a form provided by the local clerk's office indicating whether the
sponsors will gather signatures manually, electronically, or both
.
; or
(3)
(c)
After
after
a candidate files a notice of intent to gather signatures to qualify for
a ballot, and before gathering signatures, the candidate shall, after consulting with the
election officer, sign a form provided by the election officer indicating whether the
candidate will gather signatures manually, electronically, or both.
(4)
(2)
To gather a signature electronically, a signature-gatherer shall:
(a)
use a device provided by the signature-gatherer or a sponsor of the petition that:
(i)
is approved by the lieutenant governor;
(ii)
is capable of uploading to the system the personal identifying information relating
to an individual who signs the petition;
(ii)
(iii)
except as provided in
Subsection
(4)(a)(iii)
, does not store a signature or
any other information relating to an individual signing the petition in any location
other than the location used by the website to store the information
Subsections
(2)(a)(iv)
and
(v)
, does not, on the device, store the information described in
Subsection
(2)(a)(ii)
;
(iii)
(iv)
beginning on January 1, 2028, is capable of operating offline by
temporarily storing, on the device, the information described in Subsection
(2)(a)(ii)
that would otherwise be uploaded in real time to the system;
(v)
does not, on the device, store a signature or any other information relating to an
individual signing the petition except for the minimum time necessary to upload
information to the website
when connected to a wireless communication
technology, does not, on the device, retain the information described in Subsection
(2)(a)(ii)
for longer than is necessary to upload the information to the system
;
(iv)
(vi)
is capable of scanning, reading, and extracting to the device:
(A)
the driver license number from a driver license;
(B)
the state identification card number from a state identification card; or
(C)
an image of another form of valid voter identification;
(vii)
does not contain any applications, software, or data other than those approved
by the lieutenant governor
complies with device configuration and security
requirements established by the lieutenant governor to prevent unauthorized
access or interference with the electronic signature-gathering process
; and
(v)
(viii)
complies with cyber-security and other security protocols required by the
lieutenant governor
follows cyber-security and other security procedures required
by the lieutenant governor for the operation, monitoring, and maintenance of the
system
;
(b)
use the approved device to securely access
a website
the system
designated by the
lieutenant governor, directly, or via an application designated by the lieutenant
governor; and
(c)
while connected to the
website
system
, present the approved device to an individual
considering signing the petition and, while the signature-gatherer is in the physical
presence of the individual:
(i)
wait for the individual to reach each screen presented to the individual on the
approved device; and
(ii)
wait for the individual to advance to each subsequent screen by clicking on the
acknowledgement at the bottom of the screen.
(5)
(3)
Each screen shown on an approved device as part of the signature-gathering
process shall appear as a continuous electronic document that, if the entire document
does not appear on the screen at once, requires the individual viewing the screen to,
before advancing to the next screen, scroll through the document until the individual
reaches the end of the document.
(6)
(4)
After advancing through each screen required for the petition, the signature process
shall proceed as follows:
(a)
except as provided in Subsection
(6)(b)
(4)(b)
:
(i)
the individual desiring to sign the petition shall present the individual's driver
license or state identification card to the signature-gatherer;
(ii)
the signature-gatherer shall verify that the individual pictured on the driver
license or state identification card is the individual signing the petition;
(iii)
the signature-gatherer shall scan
or enter
the driver license number or state
identification card number through the approved device; and
(iv)
immediately after the signature-gatherer complies with Subsection
(6)(a)(iii)
(4)(a)(iii)
, the
website
system
shall determine whether the individual desiring to
sign the petition is eligible to sign the petition;
(b)
if the individual desiring to sign the petition is unable to provide a driver license or
state identification card to the signature gatherer:
(i)
the individual may present other valid voter identification;
(ii)
if the valid voter identification contains a picture of the individual, the
signature-gatherer shall verify that the individual pictured is the individual signing
the petition;
(iii)
if the valid voter identification does not contain a picture of the individual, the
signature-gatherer shall, to the extent reasonably practicable, use the individual's
address or other available means to determine whether the identification relates to
the individual presenting the identification;
(iv)
the signature-gatherer shall scan an image of the valid voter identification and
immediately upload the image to the
website
system
; and
(v)
the individual:
(A)
shall enter the individual's address; and
(B)
may, at the discretion of the individual, enter the individual's date of birth or
age after the individual clicks on the screen acknowledging that they have read
and understand the following statement, "Birth date or age information is not
required, but 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 your signature is verified or
if the information you provide does not match your voter registration records.";
and
(c)
after completing the process described in Subsection
(6)(a)
(4)(a)
or
(b)
, the screen
shall:
(i)
except for a petition to qualify a candidate for the ballot, give the individual
signing the petition the opportunity to enter the individual's email address after the
individual reads the following statement, "If you provide your email address, you
may receive an email with additional information relating to the petition you are
signing."; and
(ii)
(A)
if the
website
system
determines, under Subsection
(6)(a)(iv)
(4)(a)(iv)
,
that the individual is eligible to sign the petition, permit the individual to enter
the individual's name as the individual's electronic signature and, immediately
after the signature-gather timely complies with Subsection
(10)
(8)
, certify the
signature; or
(B)
if the individual provides valid voter identification under Subsection
(6)(b)
(4)(b)
, permit the individual to enter the individual's name as the individual's
electronic signature.
(7)
(5)
If an individual provides valid voter identification under Subsection
(6)(b)
(4)(b)
,
the county clerk shall, within seven calendar days after the day on which the individual
submits the valid voter identification, certify the signature if:
(a)
the individual is eligible to sign the petition;
(b)
the identification provided matches the information on file; and
(c)
the signature-gatherer timely complies with Subsection
(10)
(8)
.
(8)
(6)
For each signature submitted under this section, the
website
system
shall record:
(a)
the information identifying the individual who signs;
(b)
the date the signature was collected; and
(c)
the name of the signature-gatherer.
(9)
(7)
An individual who is a signature-gatherer may not sign a petition unless another
individual acts as the signature-gatherer when the individual signs the petition.
(10)
(8)
Except for a petition for a candidate to seek the nomination of a registered political
party, each individual who gathers a signature under this section shall, within one business day
after the day on which the individual gathers a signature, electronically sign and submit the
following statement to the
website
system
:
"VERIFICATION OF SIGNATURE-GATHERER
State of Utah, County of ____
I, _____________________, of ______, hereby state, under penalty of perjury, that:
I am at least 18 years old;
All the signatures that I collected on [Date signatures were gathered] were signed by
individuals who professed to be the individuals whose signatures I gathered, and each of the
individuals signed the petition in my presence;
I did not knowingly make a misrepresentation of fact concerning the law or proposed
law to which the petition relates;
I believe that each individual has signed the individual's name and written the
individual's residence correctly, that each signer has read and understands the law to which the
petition relates, and that each signer is registered to vote in Utah;
Each signature correctly reflects the date on which the individual signed the petition; and
I have not paid or given anything of value to any individual who signed this petition to
encourage that individual to sign it."
(11)
(9)
Except for a petition for a candidate to seek the nomination of a registered
political party:
(a)
the county clerk may not certify a signature that is not timely verified in accordance
with Subsection
(10)
(8)
; and
(b)
if a signature certified by a county clerk under Subsection
(6)(c)(ii)(A)
(4)(c)(ii)(A)

is not timely verified in accordance with Subsection
(10)
(8)
, the county clerk shall:
(i)
revoke the certification;
(ii)
remove the signature from the posting described in Subsection
20A-7-217(4)
,
20A-7-315(4)
,
20A-7-516(4)
, or
20A-7-616(4)
; and
(iii)
update the totals described in Subsections
20A-7-217(5)(a)(ii)
,
20A-7-315(5)(a)(ii)
,
20A-7-516(5)(a)(ii)
, and
20A-7-616(5)(a)(ii)
.
(12)
(10)
For a petition for a candidate to seek the nomination of a registered political party,
each individual who gathers a signature under this section shall, within one business day after
the day on which the individual gathers a signature, electronically sign and submit the
following statement to the lieutenant governor in the manner specified by the lieutenant
governor:
"VERIFICATION OF SIGNATURE-GATHERER
State of Utah, County of ____
I, _____________________, of ______, hereby state that:
I am at least 18 years old;
All the signatures that I collected on [Date signatures were gathered] were signed by
individuals who professed to be the individuals whose signatures I gathered, and each of the
individuals signed the petition in my presence;
I believe that each individual has signed the individual's name and written the
individual's residence correctly and that each signer is registered to vote in Utah; and
Each signature correctly reflects the date on which the individual signed the petition."
(13)
(11)
For a petition for a candidate to seek the nomination of a registered political
party, the election officer may not certify a signature that is not timely verified in
accordance with Subsection
(12)
(10)
.
(12)
The lieutenant governor shall submit a report regarding electronic signature gathering
to the Government Operations Interim Committee:
(a)
no later than October 1, 2026; and
(b)
annually thereafter, no later than October 1 of each year, through and including
October 1, 2031.
(13)
Each report described in Subsection
(12)
shall include:
(a)
for the most recent primary election cycle, the number of candidates for elective
office who used manual signature gathering, electronic signature gathering, or both
methods;
(b)
for each statewide initiative or referendum for which signatures were gathered during
the most recent reporting year, the number of petitions in which manual signature
gathering was used, electronic signature gathering was used, or both methods were
used;
(c)
a summary of any security threats or vulnerabilities identified by the lieutenant
governor relating to electronic signature gathering, including a description of
mitigation steps taken, if any;
(d)
a description of any technical issues or operational difficulties encountered in the
electronic signature gathering process that may require legislative, administrative, or
technological remedies;
(e)
information relating to the accuracy and reliability of electronic signature
verification, including the rate at which electronically gathered signatures were
accepted or rejected;
(f)
any fiscal or administrative impacts on the Office of the Lieutenant Governor or the
office of an election officer related to electronic signature gathering; and
(g)
any other information the lieutenant governor determines relevant to evaluating the
transition from manual to electronic signature gathering.
Section 25. Section
20A-21-202
is enacted to read:
20A-21-202
. Electronic signature gathering -- Phased transition -- Exclusive
method of collecting signatures.
(1)
Beginning on January 1, 2028, and except as provided in Subsection
(6)
, for each
statewide or local initiative petition, statewide or local referendum petition, and
candidate nomination petition:
(a)
at least 10% of the signatures certified for the petition shall be signatures gathered
using the electronic signature gathering process; and
(b)
the remaining signatures may be gathered manually or electronically.
(2)
Beginning on January 1, 2030, for each statewide or local initiative petition, statewide
or local referendum petition, and candidate nomination petition:
(a)
at least 50% of the signatures certified for the petition shall be signatures gathered
using the electronic signature gathering process; and
(b)
the remaining signatures may be gathered manually or electronically.
(3)
Beginning on January 1, 2032, the sponsors of a statewide or local initiative petition:
(a)
shall gather signatures using the electronic initiative process; and
(b)
may not gather signatures manually.
(4)
Beginning on January 1, 2032, the sponsors of a statewide or local referendum petition:
(a)
shall gather signatures using the electronic referendum process; and
(b)
may not gather signatures manually.
(5)
Beginning on January 1, 2032, an individual who gathers signatures for a candidate
nomination petition:
(a)
shall gather signatures using the electronic candidate qualification process; and
(b)
may not gather signatures using the manual candidate qualification process.
(6)
(a)
The lieutenant governor may suspend the requirement described in Subsection
(1)

if the lieutenant governor determines that the system is not functioning in a manner
that reasonably permits compliance.
(b)
A suspension under Subsection
(6)(a)
:
(i)
applies to the entire signature gathering period applicable to the petition to which
the suspension relates; and
(ii)
may not be reinstated during that period.
(7)
If the lieutenant governor suspends the requirement under Subsection
(6)
, the lieutenant
governor shall:
(a)
make the determination in writing; and
(b)
post notice of the suspension in a prominent location on the lieutenant governor's
website.
(8)
(a)
If the sponsors of a statewide or local initiative or referendum petition fail to
comply with Subsection
(1)
or
(2)
, an election officer may not:
(i)
for a statewide initiative or referendum petition, mark the petition sufficient to
qualify for placement on the ballot under Subsection
20A-7-207(4)(a)
or
Subsection
20A-7-307(4)(a)
, as applicable;
(ii)
for a local initiative or referendum petition, mark the petition sufficient to qualify
for placement on the ballot under Subsection
20A-7-507(4)(a)
or Subsection
20A-7-607(4)(a)
, as applicable.
(b)
If a candidate seeking the nomination of a registered political party fails to comply
with Subsection
(1)
or
(2)
, an election officer may not certify the candidate for
placement on the primary election ballot.
(c)
If an unaffiliated candidate fails to comply with Subsection
(1)
or
(2)
, an election
officer may not certify the candidate for placement on the general election ballot.
Section 26. Section
63I-1-220
is amended to read:
63I-1-220
. Repeal dates: Title 20A.
(1)
Reserved.
Section
20A-7-105
, Manual petition processes -- Obtaining signatures --
Verification -- Submitting the petition -- Certification of signatures -- Transfer to
lieutenant governor -- Removal of signature, is repealed January 1, 2032.
(2)
Section
20A-7-203
, Manual initiative process -- Form of initiative petition and signature
sheets, is repealed January 1, 2032.
(3)
Section
20A-7-204
, Manual initiative process -- Circulation requirements -- Lieutenant
governor to provide sponsors with materials, is repealed January 1, 2032.
(4)
Section
20A-7-303
, Manual referendum process -- Form of referendum petition and
signature sheets, is repealed January 1, 2032.
(5)
Section
20A-7-304
, Manual referendum process -- Circulation requirements --
Lieutenant governor to provide sponsors with materials, is repealed January 1, 2032.
(6)
Section
20A-7-503
, Manual initiative process -- Form of initiative petition and signature
sheet, is repealed January 1, 2032.
(7)
Section
20A-7-504
, Manual initiative process -- Circulation requirements -- Local clerk
to provide sponsors with materials, is repealed January 1, 2032.
(8)
Section
20A-7-603
, Manual referendum process -- Form of referendum petition and
signature sheet, is repealed January 1, 2032.
(9)
Section
20A-7-604
, Manual referendum process -- Circulation requirements -- Local
clerk to provide sponsors with materials, is repealed January 1, 2032.
(10)
Subsection
20A-9-405(3)
, regarding the manual candidate nomination process, is
repealed January 1, 2032.
(11)
Subsection
20A-9-405(5)
, regarding the manual candidate nomination process, is
repealed January 1, 2032.
(12)
Subsection
20A-9-408(9)
, regarding the manual candidate nomination process, is
repealed January 1, 2032.
(13)
Section
20A-9-408.3
, Submission of candidate signature packet -- Requirements for
submission -- Signature packet chain of custody and storage, is repealed January 1, 2032.
Section 27.
Effective Date.
This bill takes effect on
May 6, 2026
.
Section 28.
Coordinating H.B. 223 with H.B. 32.
If H.B. 223, Electronic Signature Collection Amendments, and H.B. 32, Signature
Gathering and Verification Amendments, both pass and become law, the Legislature intends
that, on May 6, 2026, Subsection 20A-21-201(10), enacted in H.B. 32, be amended to read:
"(10) Except for a petition for a candidate to seek the nomination of a registered political
party, each individual who gathers a signature under this section shall, within one business day
after the day on which the individual gathers a signature, electronically sign and submit the
circulator verification sheet described in Subsection 20A-1-1004(1) to the system.".
2-25-26 9:14 AM