Initiative and Referendum Signature Gathering and Removal Amendments

38
20A-1-1003
20A-7-104.5
20A-7-105
20A-7-106
20A-7-213
20A-7-216
20A-7-312
20A-7-314
20A-7-512
20A-7-515
20A-7-612
20A-7-615
HB0242
HB0032
20A-7-105 (05/06/26)
0
Initiative and Referendum Signature Gathering and Removal Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen M. Peterson
Senate Sponsor: Calvin R. Musselman
LONG TITLE
General Description:
This bill addresses petition signature gathering and removal.
Highlighted Provisions:
This bill:
requires an individual who gathers a statement requesting removal of a petition signer's
signature to be at least 18 years old;
beginning on May 6, 2026, requires a paid signature removal statement gatherer to:
display a badge disclosing certain information while gathering the statement; and
verify, on the statement, certain information about the individual who signs the
statement;
beginning on May 6, 2026, requires a signature removal statement, if collected by a paid
gatherer, to include a notice that removing the signer's signature may prevent the
initiative or referendum from appearing on the ballot;
prohibits a person from paying a person to gather a signature removal statement unless
the payment is based on an hourly rate;
prohibits a person from using an initiative or referendum petition signer's email address
for any non-petition related purpose;
prohibits a voter from submitting a signature removal statement by mail using prepaid
postage;
creates an exception to the prohibition described above if a signature removal statement
submitted by mail using prepaid postage is postmarked on or before the effective date of
this bill;
provides that, in certain circumstances, a county clerk may not refuse to certify an
initiative or referendum petition signature solely because the date written next to the
signature contains a one-calendar-year error;
expands existing criminal penalties in relation to the initiative and referendum process by
prohibiting an individual from:
making certain misrepresentations while the individual gathers petition signatures or
signature removal statements; or
providing or offering to provide money, prepaid postage, or any direct financial
benefit to an individual to remove the individual's signature from a petition;
includes a coordination clause creating an exception to the prohibition in H.B. 32,
Signature Gathering and Verification Amendments, on certifying a petition signature
dated after the submission deadline when the date qualifies for the one-calendar-year
error provision created by this bill; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
20A-1-1003
, as last amended by Laws of Utah 2024, Chapter 442
20A-7-105
, as last amended by Laws of Utah 2025, Chapter 448
20A-7-106
, as last amended by Laws of Utah 2025, Chapter 381
20A-7-213
, as last amended by Laws of Utah 2024, Chapter 442
20A-7-216
, as last amended by Laws of Utah 2025, Chapter 448
20A-7-312
, as last amended by Laws of Utah 2024, Chapter 442
20A-7-314
, as last amended by Laws of Utah 2025, Chapter 448
20A-7-512
, as last amended by Laws of Utah 2024, Chapter 442
20A-7-515
, as last amended by Laws of Utah 2025, Chapter 448
20A-7-612
, as last amended by Laws of Utah 2024, Chapter 442
20A-7-615
, as last amended by Laws of Utah 2025, Chapter 448
ENACTS:
20A-7-104.5
, Utah Code Annotated 1953
Utah Code Sections Affected by Coordination Clause:
20A-7-105
, as last amended by Laws of Utah 2025, Chapter 448
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
20A-1-1003
is amended to read:
20A-1-1003
. Signature removal -- Statement required.
(1)
A voter who signs a petition may have the voter's signature removed from the petition
by submitting to the clerk a statement requesting that the voter's signature be removed.
(2)
(a)
(i)
The
Subject to Subsection
(2)(a)(iii)
, the
statement described in Subsection
(1)
shall include:
(A)
the name or description of the petition from which the voter seeks to remove
the voter's signature;
(B)
the name of the voter;
(C)
the resident address at which the voter is registered to vote;
(D)
except as otherwise provided in Section
20A-7-106
, the voter's signature; and
(E)
the date of the signature described in Subsection
(2)(a)(i)(D)
.
(ii)
To increase the likelihood of the voter's signature being identified and removed,
the statement may include the voter's birth date or age.
(iii)
Beginning on May 6, 2026, if an individual is paid to collect a statement
described in Subsection
(1)
, the statement shall include, in addition to the
information described in Subsection
(2)(a)(i)
:
(A)
the following printed notice, appearing immediately adjacent to the voter's
signature: "I understand that by signing this statement, the [name or description
of petition] may not appear on the ballot."; and
(B)
the following verification to be completed by the individual who collects the
statement:
"VERIFICATION OF SIGNATURE REMOVAL STATEMENT
GATHERER:
I, _____________________, hereby state, under penalty of perjury, that:
I am at least 18 years old;
The name that appears on this statement was signed by an individual who
professed to a voter who signed the [name or description of petition]; and
The individual signed the individual's name on this statement in my
presence or, in the case of an individual with a qualifying disability, I have
signed this statement on the individual's behalf, at the direction of the
individual and in the individual's presence, by entering the initials "AV" as the
individual's signature.
_________________________________________________________
(Name) (Date)."
(b)
(i)
Except as provided in Subsection
20A-7-216(5)(a)
,
20A-7-314(5)(a)
,
20A-7-515(4)(b)
, or
20A-7-615(4)(b)
, a
A
voter may not submit a statement
described in Subsection
(1)
by
mail using prepaid postage,
email
,
or other
electronic means.
(ii)
Notwithstanding Subsection
(2)(b)(i)
, a clerk may accept a statement described in
Subsection
(1)
submitted by mail using prepaid postage if the statement is
postmarked on or before the effective date of this bill.
(c)
In order for the signature to be removed, the clerk must receive the statement
described in Subsection
(1)
no later than the deadline described in the provision of
law governing the petition.
(d)
A voter may only remove a signature from a petition in accordance with this section
and the provision of law governing the petition.
(e)
A clerk shall analyze a signature, for purposes of removing a signature from a
petition, in accordance with Subsection
(3)
.
(3)
Except to the extent otherwise required under Section
20A-7-106
, the clerk shall use the
following procedures to determine whether to remove an individual's signature from a
petition after receiving a timely, valid statement requesting removal of the signature:
(a)
if the signer's name and address shown on the statement and the petition exactly
match a name and address shown on the official register and the individual's
signature on the statement is reasonably consistent with the individual's signature on
the statewide voter registration database, the clerk shall remove the signature from
the petition;
(b)
if there is no exact match of an address and a name, the clerk shall remove the
signature from the petition if:
(i)
the address on the statement and the address provided by the individual with the
individual's petition signature match the address of an individual on the official
register with a substantially similar name; and
(ii)
the individual's signature on the statement is reasonably consistent with the
signature on the statewide voter registration database of the individual described
in Subsection
(3)(b)(i)
; and
(c)
if there is no match of an address and a substantially similar name, the clerk shall
remove the signature from the petition if:
(i)
the birth date or age on the statement and the birth date or age provided by the
individual with the individual's petition signature match the birth date or age of an
individual on the official register with a substantially similar name; and
(ii)
the individual's signature on the statement is reasonably consistent with the
signature on the statewide voter registration database of the individual described
in Subsection
(3)(b)(i)
.
(4)
If a signature does not qualify for removal under Subsection
(3)(a)
, (b), or (c), or, if
applicable, Section
20A-7-106
, the clerk may not remove the signature from the petition.
Section 2. Section
20A-7-104.5
is enacted to read:
20A-7-104.5
. Signature removal statement gatherers -- Badge -- Information --
Payment.
(1)
An individual who gathers a statement described in Section
20A-1-1003
requesting
removal of a signature from an initiative petition or referendum petition shall be at least
18 years old.
(2)
Beginning on May 6, 2026, an individual described in Subsection
(1)
who is paid to
gather a statement shall, while gathering a statement, display a badge on the front of the
individual's torso that complies with the following, ensuring that the information on the
badge is clearly visible to the individual from whom the statement is sought:
(a)
the badge shall be printed in black ink on white cardstock and laminated; and
(b)
the information on the badge shall be in at least 24-point type and include the
following information:
(i)
an identification number that is unique to the individual gathering the statement,
assigned by:
(A)
for a statewide initiative or referendum, the lieutenant governor; or
(B)
for a local initiative or referendum, the local clerk;
(ii)
the title of the initiative or referendum petition to which the statement relates;
(iii)
the words "Paid Signature Removal Statement Gatherer"; and
(iv)
the name of the person or entity paying the individual to gather the statement.
(3)
A person may not pay an individual to gather a signature removal statement under this
chapter unless the payment is based on an hourly rate.
The following section is affected by a coordination clause at the end of this bill.
Section 3. Section
20A-7-105
is amended to read:
20A-7-105
. Manual petition processes -- Obtaining signatures -- Verification --
Submitting the petition -- Certification of signatures -- Transfer to lieutenant governor --
Removal of signature.
(1)
This section applies only to the manual initiative process and the manual referendum
process.
(2)
As used in this section:
(a)
"Local petition" means:
(i)
a manual local initiative petition described in Part 5, Local Initiatives - Procedures;
or
(ii)
a manual local referendum petition described in Part 6, Local Referenda -
Procedures.
(b)
"Packet" means an initiative packet or referendum packet.
(c)
"Petition" means a local petition or statewide petition.
(d)
"Statewide petition" means:
(i)
a manual statewide initiative petition described in Part 2, Statewide Initiatives; or
(ii)
a manual statewide referendum petition described in Part 3, Statewide Referenda.
(3)
(a)
A Utah voter may sign a statewide petition if the voter is a legal voter.
(b)
A Utah voter may sign a local petition if the voter:
(i)
is a legal voter; and
(ii)
resides in the local jurisdiction.
(4)
(a)
The sponsors shall ensure that the individual in whose presence each signature
sheet was signed:
(i)
is at least 18 years old;
(ii)
verifies each signature sheet by completing the verification printed on the last
page of each packet; and
(iii)
is informed that each signer is required to read and understand:
(A)
for an initiative petition, the law proposed by the initiative; or
(B)
for a referendum petition, the law that the referendum seeks to overturn.
(b)
An individual may not sign the verification printed on the last page of a packet if the
individual signed a signature sheet in the packet.
(5)
(a)
The sponsors, or an agent of the sponsors, shall submit a signed and verified
packet to the county clerk of the county in which the packet was circulated before 5
p.m. no later than the earlier of:
(i)
for a statewide initiative:
(A)
the first business day that is at least 30 calendar days after the day on which
the first individual signs the initiative packet;
(B)
the last business day that is no more than 316 calendar days after the day on
which the application for the initiative petition is filed; or
(C)
the February 15 immediately before the next regular general election
immediately after the application is filed under Section
20A-7-202
;
(ii)
for a statewide referendum:
(A)
the first business day that is at least 30 calendar days after the day on which
the first individual signs the referendum packet; or
(B)
the first business day that is at least 40 calendar

days after the day on which
the legislative session at which the law passed ends;
(iii)
for a local initiative:
(A)
the first business day that is at least 30 calendar days after the day on which
the first individual signs the initiative packet;
(B)
the last business day that is no more than 316 calendar days after the day on
which the application is filed;
(C)
the April 15 immediately before the next regular general election immediately
after the application is filed under Section
20A-7-502
, if the local initiative is a
county initiative; or
(D)
the April 15 immediately before the next municipal general election
immediately after the application is filed under Section
20A-7-502
, if the local
initiative is a municipal initiative; or
(iv)
for a local referendum:
(A)
the first business day that is at least 30 calendar days after the day on which
the first individual signs the referendum packet; or
(B)
the first business day that is at least 45 calendar days after the day on which
the sponsors receive the items described in Subsection
20A-7-604(3)
from the
local clerk.
(b)
A person may not submit a packet after the applicable deadline described in
Subsection
(5)(a)
.
(c)
Before delivering an initiative packet to the county clerk under this Subsection
(5)
,
the sponsors shall send an email to each individual who provides a legible, valid
email address on the signature sheet that includes the following:
(i)
the subject of the email shall include the following statement, "Notice Regarding
Your Petition Signature"; and
(ii)
the body of the email shall include the following statement in 12-point type:
"You signed a petition for the following initiative:
[insert title of initiative]
To access a copy of the initiative petition, the initiative, the fiscal impact statement, and
information on the deadline for removing your signature from the petition, please visit the
following link: [insert a uniform resource locator that takes the individual directly to the page
on the lieutenant governor's or county clerk's website that includes the information referred to
in the email]."
(d)
For a statewide initiative, the sponsors shall, no later than 5 p.m. on the day on which
the sponsors submit the last initiative packet to the county clerk, submit to the
lieutenant governor:
(i)
a list containing:
(A)
the name and email address of each individual the sponsors sent, or caused to
be sent, the email described in Subsection
(5)(c)
; and
(B)
the date the email was sent;
(ii)
a copy of the email described in Subsection
(5)(c)
; and
(iii)
the following written verification, completed and signed by each of the sponsors:
"Verification of initiative sponsor State of Utah, County of __________I, __________,
of __________, hereby state, under penalty of perjury, that:
I am a sponsor of the initiative petition entitled ____________________; and
I sent, or caused to be sent, to each individual who provided a legible, valid email
address on a signature sheet submitted to the county clerk in relation to the initiative petition,
the email described in Utah Code Subsection
20A-7-105(5)(c)
.
______________________________________________________________ __
(Name)
(Residence Address)
(Date)
.
"
.
(e)
For a local initiative, the sponsors shall, no later than 5 p.m. on the day on which the
sponsors submit the last initiative packet to the local clerk, submit to the local clerk
the items described in Subsection
(5)(d)
.
(f)
Signatures gathered for an initiative petition are not valid if the sponsors do not
comply with Subsection
(5)(c)
, (d), or (e).
(6)
(a)
Within 21 calendar days after the day on which the county clerk receives the
packet, the county clerk shall:
(i)
use the procedures described in Section
20A-1-1002
, or
20A-7-106
if applicable,
to determine whether each signer is a legal voter and, as applicable, the
jurisdiction where the signer is registered to vote;
(ii)
for a statewide initiative or a statewide referendum:
(A)
certify on the petition whether each name is that of a legal voter;
(B)
post the name, voter identification number, and date of signature of each legal
voter certified under Subsection
(6)(a)(ii)(A)
on the lieutenant governor's
website, in a conspicuous location designated by the lieutenant governor; and
(C)
deliver the verified packet to the lieutenant governor;
and
(iii)
for a local initiative or a local referendum:
(A)
certify on the petition whether each name is that of a legal voter who is
registered in the jurisdiction to which the initiative or referendum relates;
(B)
post the name, voter identification number, and date of signature of each legal
voter certified under Subsection
(6)(a)(iii)(A)
on the lieutenant governor's
website, in a conspicuous location designated by the lieutenant governor; and
(C)
deliver the verified packet to the local clerk.
(b)
For a local initiative or local referendum, the local clerk shall post a link in a
conspicuous location on the local government's website to the posting described in
Subsection
(6)(a)(iii)(B)
:
(i)
for a local initiative, during the period of time described in Subsection
20A-7-507(3)(a)
; or
(ii)
for a local referendum, during the period of time described in Subsection
20A-7-607(2)(a)(i)
.
(7)
(a)
The county clerk may not certify a signature under Subsection
(6)
(6)(a)
:
(a)
(i)
on a packet that is not verified in accordance with Subsection
(4)
; or
(b)
(ii)
that does not have a date of signature next to the signature.
(b)
A county clerk may not refuse to certify a signature under Subsection
(6)
(a) or
otherwise reject the packet solely because the date written next to the signature
contains a one-calendar-year error if the date, adjusted by one calendar year, would
fall within the period that:
(i)
begins on the day on which the first individual signs the packet under Subsection
(5)(a)
; and
(ii)
ends on the day on which the packet is submitted.
(c)
Certification of a signature described in Subsection
(7)(b)
does not change the date
on which the first individual signs the packet for purposes of calculating a deadline
under Subsection
(5)(a)
.
(8)
(a)
A voter who signs a statewide initiative petition may have the voter's signature
removed from the petition by, in accordance with Section
20A-1-1003
, submitting to
the county clerk a statement requesting that the voter's signature be removed no later
than 5 p.m. the earlier of:
(i)
for an initiative packet received by the county clerk before December 1:
(A)
the first business day that is at least 30 calendar days after the day on which
the voter signs the signature removal statement; or
(B)
the first business day that is at least 90 calendar days after the day on which
the lieutenant governor posts the voter's name under Subsection
20A-7-207(2)
;
or
(ii)
for an initiative packet received by the county clerk on or after December 1:
(A)
the first business day that is at least 30 calendar days after the day on which
the voter signs the signature removal statement; or
(B)
the first business day that is at least 45 calendar days after the day on which
the lieutenant governor posts the voter's name under Subsection
20A-7-207(2)
.
(b)
A voter who signs a statewide referendum petition may have the voter's signature
removed from the petition by, in accordance with Section
20A-1-1003
, submitting to
the county clerk a statement requesting that the voter's signature be removed no later
than 5 p.m. the earlier of:
(i)
the first business day that is at least 30 calendar days after the day on which the
voter signs the statement requesting removal; or
(ii)
the first business day that is at least 45 calendar days after the day on which the
lieutenant governor posts the voter's name under Subsection
20A-7-307(2)
.
(c)
A voter who signs a local initiative petition may have the voter's signature removed
from the petition by, in accordance with Section
20A-1-1003
, submitting to the
county clerk a statement requesting that the voter's signature be removed no later than
5 p.m. the earlier of:
(i)
the first business day that is at least 30 calendar days after the day on which the
voter signs the signature removal statement;
(ii)
the first business day that is at least 90 calendar days after the day on which the
local clerk posts the voter's name under Subsection
20A-7-507(2)
;
(iii)
the last business day that is no more than 316 calendar days after the day on
which the application is filed; or
(iv)
(A)
for a county initiative, April 15 immediately before the next regular
general election immediately after the application is filed under Section
20A-7-502
; or
(B)
for a municipal initiative, April 15 immediately before the next municipal
general election immediately after the application is filed under Section
20A-7-502
.
(d)
A voter who signs a local referendum petition may have the voter's signature
removed from the petition by, in accordance with Section
20A-1-1003
, submitting to
the county clerk a statement requesting that the voter's signature be removed no later
than 5 p.m. the earlier of:
(i)
the first business day that is at least 30 calendar days after the day on which the
voter signs the statement requesting removal; or
(ii)
the first business day that is at least 45 calendar days after the day on which the
local clerk posts the voter's name under Subsection
20A-7-607(2)(a)
.
(e)
In order for the signature to be removed, the county clerk must receive the statement
described in this Subsection
(8)
before 5 p.m. no later than the applicable deadline
described in this Subsection
(8)
.
(f)
A county clerk shall analyze a signature, for purposes of removing a signature from a
petition, in accordance with Subsection
20A-1-1003(3)
.
(9)
(a)
If the county clerk timely receives a statement requesting signature removal under
Subsection
(8)
and determines that the signature should be removed from the petition
under Subsection
20A-1-1003(3)
, the county clerk shall:
(i)
ensure that the voter's name, voter identification number, and date of signature are
not included in the posting described in Subsection
(6)(a)(ii)(B)
or
(iii)(B)
; and
(ii)
remove the voter's signature from the signature packets and signature packet
totals.
(b)
The county clerk shall comply with Subsection
(9)(a)
before the later of:
(i)
the deadline described in Subsection
(6)(a)
; or
(ii)
two business days after the day on which the county clerk receives a statement
requesting signature removal under Subsection
(8)
.
(10)
A person may not retrieve a packet from a county clerk, or make any alterations or
corrections to a packet, after the packet is submitted to the county clerk.
(11)
A person may not use an email address provided by the signer of an initiative petition
or a referendum petition for any purpose other than a purpose described in this chapter.
Section 4. Section
20A-7-106
is amended to read:
20A-7-106
. Petition signature or removal for an individual with a disability.
(1)
If a voter who desires to sign a petition is, due to a qualifying disability under the
Americans with Disabilities Act, unable to fill out the signature sheet or to sign the
voter's name consistently, the voter may:
(a)
inform the individual gathering signatures that, due to a qualifying disability under
the Americans with Disabilities Act, the voter is unable to fill out the signature sheet
or to sign the voter's name consistently; and
(b)
direct the individual gathering signatures to:
(i)
fill out the form on the signature sheet with the information provided by the voter;
and
(ii)
in place of the registered voter's signature:
(A)
place the initials "AV" to indicate that the county clerk must use an alternate
verification process to verify the validity of the voter's signature; and
(B)
place next to the initials described in Subsection
(1)(b)(ii)(A)
a phone number,
email address, or other method that the county clerk may use to contact the
voter to verify the identity of the voter.
(2)
If a voter who desires to remove the voter's signature from a petition is, due to a
qualifying disability under the Americans with Disabilities Act, unable to sign the
voter's name consistently, the voter may, instead of signing the statement described in
Section
20A-1-1003
:
(a)
place the initials "AV" to indicate that the county clerk must use an alternate
verification process to verify the validity of the voter's signature; and
(b)
include in the statement a phone number, email address, or other method that the
county clerk may use to contact the voter to verify the identity of the voter.
(3)
An individual who, in the course of gathering a signature under Subsection
(1)
or
gathering a statement requesting removal of a signature under Subsection
(2)
, obtains a
voter's email address may not use the email address for any purpose.
(3)
(4)
The alternate verification process described in this section includes:
(a)
the process described in Subsection
20A-3a-401(9)(b)
; or
(b)
another process established by rule, made by the director of elections within the
Office of the Lieutenant Governor, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
Section 5. 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;
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; or
(f)
(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)
,
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;
(b)
pay an individual, or provide or offer to provide money, prepaid postage, or any
other direct financial benefit to 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
.
;
(e)
make a misrepresentation that is likely to deceive, or misrepresent that the individual
is affiliated with or acting on behalf of a governmental entity, while the individual
gathers or attempts to gather:
(i)
a signature for an initiative petition; or
(ii)
a statement described in Section
20A-1-1003
requesting removal of a signature
from an initiative petition; or
(f)
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 6. Section
20A-7-216
is amended to read:
20A-7-216
. Electronic initiative process -- Obtaining signatures -- Request to
remove signature.
(1)
This section applies to the electronic initiative process.
(2)
A Utah voter may sign an initiative petition if the voter is a legal voter.
(3)
The sponsors shall ensure that the signature-gatherer who collects a signature from an
individual:
(a)
verifies that the individual is at least 18 years old and meets the residency
requirements of Section
20A-2-105
; and
(b)
is informed that each signer is required to read and understand the law proposed by
the initiative.
(4)
A voter who signs an initiative petition may have the voter's signature removed from the
initiative petition by, in accordance with Section
20A-1-1003
, submitting to the county
clerk a statement requesting that the voter's signature be removed before 5 p.m. no later
than the earlier of:
(a)
for an electronic signature gathered before December 1:
(i)
the first business day that is at least 30 calendar days after the day on which the
voter signs the signature removal statement; or
(ii)
the first business day that is at least 90 calendar days after the day on which the
county clerk posts the voter's name under Subsection
20A-7-217(4)
; or
(b)
for an electronic signature gathered on or after December 1:
(i)
the first business day that is at least 30 calendar days after the day on which the
voter signs the signature removal statement; or
(ii)
the first business day that is at least 45 calendar days after the day on which the
county clerk posts the voter's name under Subsection
20A-7-217(4)
.
(5)
(a)
(i)
A voter may not submit a signature removal statement described in
Subsection
(4)
by
mail using prepaid postage,
email
,
or other electronic means
,
unless the lieutenant governor establishes a signature removal process that is
consistent with the requirements of this section and Section
20A-21-201
.
(ii)
Notwithstanding Subsection
(5)(a)(i)
, a county clerk may accept a signature
removal statement submitted by mail using prepaid postage if the statement is
postmarked on or before the effective date of this bill.
(b)
A person may only remove an electronic signature from an initiative petition in
accordance with this section.
(c)
A county clerk shall analyze a holographic signature, for purposes of removing an
electronic signature from an initiative petition, in accordance with Subsection
20A-1-1003(3)
.
Section 7. 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)

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
an individual
to:
(a)
pay
a person
an individual
to sign a referendum petition;
(b)
pay a person to remove the person's signature from a referendum petition;
(b)
pay an individual, or provide or offer to provide money, prepaid postage, or any
other direct financial benefit to 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
person's
individual's
name removed from a referendum
petition;
or
(e)
make a misrepresentation that is likely to deceive, or misrepresent that the individual
is affiliated with or acting on behalf of a governmental entity, while the individual
gathers or attempts to gather:
(i)
a signature for a referendum petition; or
(ii)
a statement described in Section
20A-1-1003
requesting removal of a signature
from a referendum petition; or
(e)
(f)
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 8. Section
20A-7-314
is amended to read:
20A-7-314
. Electronic referendum process -- Obtaining signatures -- Request to
remove signature.
(1)
This section applies to the electronic referendum process.
(2)
A Utah voter may sign a referendum petition if the voter is a legal voter.
(3)
The sponsors shall ensure that the signature-gatherer who collects a signature from an
individual:
(a)
verifies that the individual is at least 18 years old and meets the residency
requirements of Section
20A-2-105
; and
(b)
is informed that each signer is required to read and understand the law that is the
subject of the referendum petition.
(4)
A voter who signs a referendum petition may have the voter's signature removed from
the referendum petition by, in accordance with Section
20A-1-1003
, submitting to the
county clerk a statement requesting that the voter's signature be removed before 5 p.m.
no later than the earlier of:
(a)
the first business day that is at least 30 calendar days after the day on which the voter
signs the statement requesting removal; or
(b)
the first business day that is at least 45 calendar days after the day on which the
lieutenant governor posts the voter's name under Subsection
20A-7-315(4)
.
(5)
(a)
(i)
A voter may not submit a signature removal statement described in
Subsection
(4)
by
mail using prepaid postage,
email
,
or other electronic means
,
unless the lieutenant governor establishes a signature removal process that is
consistent with the requirements of this section and Section
20A-21-201
.
(ii)
Notwithstanding Subsection
(5)(a)(i)
, a county clerk may accept a signature
removal statement submitted by mail using prepaid postage if the statement is
postmarked on or before the effective date of this bill.
(b)
A person may only remove an electronic signature from a referendum petition in
accordance with this section.
(c)
A county clerk shall analyze a holographic signature, for purposes of removing an
electronic signature from a referendum petition, in accordance with Subsection
20A-1-1003(3)
.
Section 9. 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)
,
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;
(b)
pay an individual, or provide or offer to provide money, prepaid postage, or any
other direct financial benefit to 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)
make a misrepresentation that is likely to deceive, or misrepresent that the individual
is affiliated with or acting on behalf of a governmental entity, while the individual
gathers or attempts to gather:
(i)
a signature for an initiative petition; or
(ii)
a statement described in Section
20A-1-1003
requesting removal of a signature
from an initiative petition; or
(e)
(f)
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 10. Section
20A-7-515
is amended to read:
20A-7-515
. Electronic initiative process -- Obtaining signatures -- Request to
remove signature.
(1)
This section applies to the electronic initiative process.
(2)
A Utah voter may sign a local initiative petition if the voter is a legal voter and resides
in the local jurisdiction.
(3)
The sponsors shall ensure that the signature-gatherer who collects a signature from an
individual:
(a)
verifies that the individual is at least 18 years old and meets the residency
requirements of Section
20A-2-105
; and
(b)
is informed that each signer is required to read and understand the law proposed by
the initiative.
(4)
(a)
A voter who signs an initiative petition may have the voter's signature removed
from the initiative petition by, in accordance with Section
20A-1-1003
, submitting to
the county clerk a statement requesting that the voter's signature be removed before 5
p.m. no later than the earlier of:
(i)
the first business day that is at least 30 calendar days after the day on which the
voter signs the signature removal statement;
(ii)
the first business day that is at least 90 calendar days after the day on which the
local clerk posts the voter's name under Subsection
20A-7-516(4)
;
(iii)
the first business day that is at least 316 calendar days after the day on which the
initiative application is filed; or
(iv)
(A)
for a county initiative, April 15 immediately before the next regular
general election immediately after the initiative application is filed under
Section
20A-7-502
; or
(B)
for a municipal initiative, April 15 immediately before the next municipal
general election immediately after the initiative application is filed under
Section
20A-7-502
.
(b)
(i)
A voter may not submit a signature removal statement described in Subsection
(4)(a)
by
mail using prepaid postage,
email
,
or other electronic means
, unless the
lieutenant governor establishes a signature removal process that is consistent with
the requirements of this section and Section
20A-21-201
.
(ii)
Notwithstanding Subsection
(4)(b)(i)
, a county clerk may accept a signature
removal statement submitted by mail using prepaid postage if the statement is
postmarked on or before the effective date of this bill.
(c)
A person may only remove an electronic signature from an initiative petition in
accordance with this section.
(d)
A county clerk shall analyze a holographic signature, for purposes of removing an
electronic signature from an initiative petition, in accordance with Subsection
20A-1-1003
(3).
Section 11. 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)
,
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;
(b)
pay an individual, or provide or offer to provide money, prepaid postage, or any
other direct financial benefit to 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)
make a misrepresentation that is likely to deceive, or misrepresent that the individual
is affiliated with or acting on behalf of a governmental entity, while the individual
gathers or attempts to gather:
(i)
a signature for a referendum petition; or
(ii)
a statement described in Section
20A-1-1003
requesting removal of a signature
from a referendum petition; or
(e)
(f)
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 12. Section
20A-7-615
is amended to read:
20A-7-615
. Electronic referendum process -- Obtaining signatures -- Request to
remove signature.
(1)
This section applies to the electronic referendum process described in Section
20A-21-201
.
(2)
A Utah voter may sign a local referendum petition if the voter is a legal voter and
resides in the local jurisdiction.
(3)
The sponsors shall ensure that the signature-gatherer who collects a signature from an
individual:
(a)
verifies that the individual is at least 18 years old and meets the residency
requirements of Section
20A-2-105
; and
(b)
is informed that each signer is required to read and understand the law that is the
subject of the referendum petition.
(4)
(a)
A voter who signs a referendum petition may have the voter's signature removed
from the referendum petition by, in accordance with Section
20A-1-1003
, submitting
to the county clerk a statement requesting that the voter's signature be removed
before 5 p.m. no later than the earlier of:
(i)
the first business day that is at least 30 calendar days after the day on which the
voter signs the statement requesting removal; or
(ii)
the first business day that is at least 45 calendar days after the day on which the
local clerk posts the voter's name under Subsection
20A-7-616(3)
.
(b)
(i)
A voter may not submit a signature removal statement described in Subsection
(4)(a)
by
mail using prepaid postage,
email
,
or other electronic means
, unless the
lieutenant governor establishes a signature removal process that is consistent with
the requirements of this section and Section
20A-21-201
.
(ii)
Notwithstanding Subsection
(4)(b)(i)
, a county clerk may accept a signature
removal statement submitted by mail using prepaid postage if the statement is
postmarked on or before the effective date of this bill.
(c)
A person may only remove an electronic signature from a referendum petition in
accordance with this section.
(d)
A county clerk shall analyze a holographic signature, for purposes of removing an
electronic signature from a referendum petition, in accordance with Subsection
20A-1-1003(3)
.
Section 13.
Effective Date.
This bill takes effect:
(1)
except as provided in Subsection (2),
May 6, 2026
; or
(2)
if approved by two-thirds of all members elected to each house:
(a)
upon approval by the governor;
(b)
without the governor's signature, the day following the constitutional time limit of
Utah Constitution, Article VII, Section 8; or
(c)
in the case of a veto, the date of veto override.
Section 14.
Coordinating H.B. 242 with H.B. 32.
If H.B. 242, Initiative and Referendum Signature Gathering and Removal 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-7-105(7)(c), enacted in H.B. 32,
be renumbered to Subsection 20A-7-105(7)(a)(iii) and be amended to read:
"(iii) except as provided in Subsection (7)(b), if the date of signature is later than the
applicable deadline described in Subsection (5)(a).".
3-5-26 8:25 PM