Initiative and Referenda Signature Amendments

3
20A-7-105.5
0
Initiative and Referenda Signature Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Andrew Stoddard
Senate Sponsor:
LONG TITLE
General Description:
This bill creates a process to cure an initiative or referendum petition signature that is
declared invalid.
Highlighted Provisions:
This bill:
establishes a process to cure a signature on an initiative or referendum petition that is
declared invalid by a county clerk because the signature does not match the signature on
file in the statewide voter registration database;
requires a county clerk to notify an individual described above when the county clerk
determines that the individual's signature does not match the signature on file;
allows the individual to cure the invalid signature by delivering to the county clerk a
signed affidavit attesting to the validity of the signature;
establishes deadlines related to the processes described above; and
provides that a county clerk may not count the individual's signature as valid unless the
affidavit is timely received.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
20A-7-105.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
20A-7-105.5
is enacted to read:
20A-7-105.5
. Signature curing -- Process -- Affidavit required.
(1)
This section applies only to the manual initiative process and the manual referendum
process.
(2)
If, under Subsection
20A-1-1002(1)(a)
, (b), or (c), a county clerk declares invalid the
signature of an individual who signs an initiative petition or referendum petition because
the county clerk determines that the individual's signature does not appear substantially
similar to the signature on file in the statewide voter registration database, the county
clerk shall:
(a)
contact the individual in accordance with Subsection
(6)
; and
(b)
inform the individual that:
(i)
the individual's signature was declared invalid; and
(ii)
in order for the signature to be counted as valid, the individual is required to
timely deliver to the county clerk a signed and completed affidavit that complies
with the requirements described in Subsection
(3)
.
(3)
The affidavit described in Subsection
(2)(b)(ii)
shall include:
(a)
an attestation that the individual signed the initiative petition or referendum petition;
(b)
a space for the individual to enter the individual's printed name, residential address,
phone number, and, if available, email address;
(c)
a space for the individual to sign the affidavit;
(d)
a statement that, by signing the affidavit, the individual authorizes the lieutenant
governor's and county clerk's use of the individual's signature on the affidavit for
voter identification purposes; and
(e)
a check box accompanied by language in substantially the following form: "I am a
voter with a qualifying disability under the Americans with Disabilities Act that
impacts my ability to sign my name consistently. I can provide appropriate
documentation upon request. To discuss accommodations, I can be contacted at
__________________."
(4)
An individual described in Subsection
(2)
shall, to have the individual's signature on an
initiative petition or referendum petition counted as valid, deliver to the county clerk a
signed and completed affidavit no later than 31 calendar days after the day on which the
county clerk receives the initiative packet or referendum packet containing the
individual's signature.
(5)
An election officer who receives a signed and completed affidavit under Subsection
(4)

shall immediately:
(a)
scan the signature on the affidavit electronically and keep the signature on file in the
statewide voter registration database;
(b)
if the county clerk timely receives the affidavit under Subsection
(4)
, count the
individual's signature as valid; and
(c)
if the check box described in Subsection
(3)(e)
is checked, comply with the alternate
verification process described in Subsection
20A-7-106(3)
.
(6)
(a)
A county clerk shall, within two business days after the day on which an
individual's signature is declared invalid, notify the individual of the invalidity and
the reason for the invalidity by phone, mail, email, or, if consent is obtained on the
individual's voter registration form, text message.
(b)
The county clerk shall ensure that the notice described in Subsection
(6)(a)
includes:
(i)
if communicating the notice by mail, a printed copy of the affidavit described in
Subsection
(3)
and a courtesy reply envelope;
(ii)
if communicating the notice electronically, a link to a copy of the affidavit
described in Subsection
(3)
or information on how to obtain a copy of the
affidavit; or
(iii)
if communicating the notice by phone, either during a direct conversation with
the individual or in a voicemail, arrangements for the individual to receive a copy
of the affidavit described in Subsection
(3)
, either in person from the county
clerk's office, by mail, or electronically.
(7)
A county clerk may not count as valid the signature of an individual whom the county
clerk contacts under Subsection
(2)
unless, no later than the deadline described in
Subsection
(4)
, the county clerk receives a signed and completed affidavit from the
individual under Subsection
(4)
.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-18-26 9:36 AM