Download Zipped Introduced WP 8.0 HB0008.ZIP 22,389 Bytes
[Status][Bill Documents][Fiscal Note][Bills Directory]
H.B. 8
1
ELECTION LAW CHANGES
2
2000 GENERAL SESSION
3
STATE OF UTAH
4
Sponsor: Loraine T. Pace
5
AN ACT RELATING TO ELECTIONS; ADDING AN AGE REQUIREMENT FOR
6
CIRCULATORS OF INITIATIVE AND REFERENDA PETITIONERS; REQUIRING THAT
7
PERSONS APPOINTED TO FILL A VACANCY IN A MUNICIPAL OFFICE MEET THE
8
LEGAL QUALIFICATIONS FOR OFFICE; REVISING REQUIREMENTS FOR PETITION
9
CIRCULATORS; AND MAKING TECHNICAL CORRECTIONS.
10
This act affects sections of Utah Code Annotated 1953 as follows:
11
AMENDS:
12
17-20-5, as last amended by Chapter 66, Laws of Utah 1984
13
20A-1-510, as last amended by Chapter 24, Laws of Utah 1997
14
20A-7-203, as last amended by Chapter 45, Laws of Utah 1999
15
20A-7-205, as last amended by Chapter 45, Laws of Utah 1999
16
20A-7-206, as last amended by Chapter 45, Laws of Utah 1999
17
20A-7-303, as last amended by Chapter 45, Laws of Utah 1999
18
20A-7-305, as last amended by Chapter 45, Laws of Utah 1999
19
20A-7-306, as last amended by Chapter 45, Laws of Utah 1999
20
20A-7-503, as last amended by Chapter 45, Laws of Utah 1999
21
20A-7-504, as enacted by Chapter 272, Laws of Utah 1994
22
20A-7-505, as last amended by Chapter 45, Laws of Utah 1999
23
20A-7-506, as last amended by Chapter 45, Laws of Utah 1999
24
20A-7-602, as enacted by Chapter 272, Laws of Utah 1994
25
20A-7-603, as last amended by Chapter 45, Laws of Utah 1999
26
20A-7-605, as last amended by Chapter 45, Laws of Utah 1999
27
20A-7-606, as last amended by Chapter 45, Laws of Utah 1999
28
Be it enacted by the Legislature of the state of Utah:
29
Section 1.
Section
17-20-5
is amended to read:
30
17-20-5. Report of election and appointment of officers.
31
[Every county clerk shall within] Within ten days after [the issuance by him of any] a
32
county clerk issues a certificate of election [of elective county officers, excepting justices of the
33
peace and constables, and after the issuance by him of any] or a certificate of appointment made
34
to fill vacancies in elective county offices, [excepting justices of the peace and constables,] the
35
county clerk shall prepare and forward to the lieutenant governor a certified report [on forms
36
furnished by the lieutenant governor of every such certificate issued as aforesaid. Every such report
37
shall show] showing:
38
(1) the name of the county[,];
39
(2) the name of the county office to which the person was elected or appointed[,];
40
(3) the date of the election or appointment of [such] the person[;];
41
(4) the date of the expiration of the term for which the person was elected or appointed[,];
42
(5) the date of the certificate of election or appointment[,]; and
43
(6) the date of the qualification of the person [so] elected or appointed.
44
Section 2.
Section
20A-1-510
is amended to read:
45
20A-1-510. Midterm vacancies in municipal offices.
46
(1) (a) Except as otherwise provided in Subsection (2), if any vacancy occurs in the office
47
of municipal executive or member of a municipal legislative body, the municipal legislative body
48
shall appoint a registered voter in the municipality who meets the qualifications for office
49
established in Section
10-3-301
to fill the unexpired term of the office vacated until the January
50
following the next municipal election.
51
(b) Before acting to fill the vacancy, the municipal legislative body shall:
52
(i) give public notice of the vacancy at least two weeks before the municipal legislative
53
body meets to fill the vacancy; and
54
(ii) identify, in the notice:
55
(A) the date, time, and place of the meeting where the vacancy will be filled; and
56
(B) the person to whom a person interested in being appointed to fill the vacancy may
57
submit his name for consideration and any deadline for submitting it.
58
(c) (i) If, for any reason, the municipal legislative body does not fill the vacancy within 30
59
days after the vacancy occurs, the municipal legislative body shall vote upon the names that have
60
been submitted.
61
(ii) The two persons having the highest number of votes of the municipal legislative body
62
shall appear before the municipal legislative body and the municipal legislative body shall vote
63
again.
64
(iii) If neither candidate receives a majority vote of the municipal legislative body at that
65
time, the vacancy shall be filled by lot in the presence of the municipal legislative body.
66
(2) (a) A vacancy in the office of municipal executive or member of a municipal legislative
67
body shall be filled by an interim appointment, followed by an election to fill a two-year term, if:
68
(i) the vacancy occurs, or a letter of resignation is received, by the municipal executive at
69
least 14 days before the deadline for filing for election in an odd-numbered year; and
70
(ii) two years of the vacated term will remain after the first Monday of January following
71
the next municipal election.
72
(b) In appointing an interim replacement, the municipal legislative body shall comply with
73
the notice requirements of this section.
74
(3) A member of a municipal legislative body may not participate in any part of the process
75
established in this section to fill a vacancy if that member is being considered for appointment to
76
fill the vacancy.
77
Section 3.
Section
20A-7-203
is amended to read:
78
20A-7-203. Form of initiative petition and signature sheets.
79
(1) (a) Each proposed initiative petition shall be printed in substantially the following
80
form:
81
"INITIATIVE PETITION To the Honorable ____, Lieutenant Governor:
82
We, the undersigned citizens of Utah, respectfully demand that the following proposed law
83
be submitted to the legal voters/Legislature of Utah for their/its approval or rejection at the regular
84
general election/session to be held/ beginning on the ____ day of ____, 19__;
85
Each signer says:
86
I have personally signed this petition;
87
I am registered to vote in Utah or intend to become registered to vote in Utah before the
88
certification of the petition names by the county clerk; and
89
My residence and post office address are written correctly after my name."
90
(b) The sponsors of an initiative shall attach a copy of the proposed law to each initiative
91
petition.
92
(2) Each signature sheet shall:
93
(a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
94
(b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
95
blank for the purpose of binding;
96
(c) contain the title of the initiative printed below the horizontal line;
97
(d) contain the word "Warning" printed or typed at the top of each signature sheet under
98
the title of the initiative;
99
(e) contain, to the right of the word "Warning," the following statement printed or typed
100
in not less than eight-point, single leaded type:
101
"It is a class A misdemeanor for anyone to sign any initiative petition with any other name
102
than his own, or knowingly to sign his name more than once for the same measure, or to sign an
103
initiative petition when he knows he is not a registered voter and knows that he does not intend
104
to become registered to vote before the certification of the petition names by the county clerk.";
105
(f) contain horizontally ruled lines, 3/8 inch apart under the "Warning" statement required
106
by this section; and
107
(g) be vertically divided into columns as follows:
108
(i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
109
headed with "For Office Use Only," and be subdivided with a light vertical line down the middle
110
with the left subdivision entitled "Registered" and the right subdivision left untitled;
111
(ii) the next column shall be three inches wide, headed "Registered Voter's Printed Name
112
(must be legible to be counted)";
113
(iii) the next column shall be three inches wide, headed "Signature of Registered Voter";
114
and
115
(iv) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip Code".
116
(3) The final page of each initiative packet shall contain the following printed or typed
117
statement:
118
"Verification
119
State of Utah, County of ____
120
I, _______________, of ____, hereby state that:
121
I am a resident of Utah and am at least 18 years old;
122
All the names that appear in this packet were signed by persons who professed to be the
123
persons whose names appear in it, and each of them signed his name on it in my presence;
124
I believe that each has printed and signed his name and written his post office address and
125
residence correctly, and that each signer is registered to vote in Utah or intends to become
126
registered to vote before the certification of the petition names by the county clerk.
127
________________________________________________________________________
128
(Name) (Residence Address) (Date)"
129
(4) The forms prescribed in this section are not mandatory, and, if substantially followed,
130
the initiative petitions are sufficient, notwithstanding clerical and merely technical errors.
131
Section 4.
Section
20A-7-205
is amended to read:
132
20A-7-205. Obtaining signatures -- Verification -- Removal of signature.
133
(1) Any Utah voter may sign an initiative petition if the voter is a legal voter.
134
(2) The sponsors shall ensure that the person in whose presence each signature sheet was
135
signed:
136
(a) is at least 18 years old and meets the residency requirements of Section
20A-2-105
; and
137
(b) verifies each signature sheet by completing the verification printed on the last page of
138
each initiative packet.
139
(3) (a) (i) Any voter who has signed an initiative petition may have his signature removed
140
from the petition by submitting a notarized statement to that effect to the county clerk.
141
(ii) In order for the signature to be removed, the statement must be received by the county
142
clerk before he delivers the petition to the lieutenant governor.
143
(b) Upon receipt of the statement, the county clerk shall remove the signature of the person
144
submitting the statement from the initiative petition.
145
(c) No one may remove signatures from an initiative petition after the petition is submitted
146
to the lieutenant governor.
147
Section 5.
Section
20A-7-206
is amended to read:
148
20A-7-206. Submitting the initiative petition -- Certification of signatures by the
149
county clerks -- Transfer to lieutenant governor.
150
(1) In order to qualify an initiative petition for placement on the regular general election
151
ballot, the sponsors shall deliver each signed and verified initiative packet to the county clerk of
152
the county in which the packet was circulated by the June 1 before the regular general election.
153
(2) No later than June 15 before the regular general election, the county clerk shall:
154
(a) check the names of all persons completing the verification for the initiative packet to
155
determine whether or not those persons are residents of Utah and are at least 18 years old; and
156
(b) submit the name of each of those persons who is not [registered to vote in Utah] a Utah
157
resident or who is not at least 18 years old to the attorney general and county attorney.
158
(3) No later than July 1 before the regular general election, the county clerk shall:
159
(a) check all the names of the signers against the official registers to determine whether
160
or not the signer is a registered voter;
161
(b) certify on the petition whether or not each name is that of a registered voter; and
162
(c) deliver all of the packets to the lieutenant governor.
163
(4) In order to qualify an initiative petition for submission to the Legislature, the sponsors
164
shall deliver each signed and verified initiative packet to the county clerk of the county in which
165
the packet was circulated by the November 15 before the annual general session of the Legislature.
166
(5) No later than December 1 before the annual general session of the Legislature, the
167
county clerk shall:
168
(a) check the names of all persons completing the verification for the initiative packet to
169
determine whether or not those persons are Utah residents and are at least 18 years old; and
170
(b) submit the name of each of those persons who is not a Utah resident or who is not at
171
least 18 years old to the attorney general and county attorney.
172
(6) No later than December 15 before the annual general session of the Legislature, the
173
county clerk shall:
174
(a) check all the names of the signers against the official registers to determine whether
175
or not the signer is a registered voter;
176
(b) certify on the petition whether or not each name is that of a registered voter; and
177
(c) deliver all of the packets to the lieutenant governor.
178
(7) Initiative packets are public once they are delivered to the county clerks.
179
(8) The sponsor or their representatives may not retrieve initiative packets from the county
180
clerks once they have submitted them.
181
Section 6.
Section
20A-7-303
is amended to read:
182
20A-7-303. Form of referendum petition and signature sheets.
183
(1) (a) Each proposed referendum petition shall be printed in substantially the following
184
form:
185
"REFERENDUM PETITION To the Honorable ____, Lieutenant Governor:
186
We, the undersigned citizens of Utah, respectfully order that Senate (or House) Bill No.
187
____, entitled (title of act, and, if the petition is against less than the whole act, set forth here the
188
part or parts on which the referendum is sought), passed by the ____ Session of the Legislature of
189
the state of Utah, be referred to the people of Utah for their approval or rejection at a regular
190
general election or a statewide special election;
191
Each signer says:
192
I have personally signed this petition;
193
I am registered to vote in Utah or intend to become registered to vote in Utah before the
194
certification of the petition names by the county clerk; and
195
My residence and post office address are written correctly after my name."
196
(b) The sponsors of a referendum shall attach a copy of the law that is the subject of the
197
referendum to each referendum petition.
198
(2) Each signature sheet shall:
199
(a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
200
(b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
201
blank for the purpose of binding;
202
(c) contain the title of the referendum printed below the horizontal line;
203
(d) contain the word "Warning" printed or typed at the top of each signature sheet under
204
the title of the referendum;
205
(e) contain, to the right of the word "Warning," the following statement printed or typed
206
in not less than eight-point, single leaded type:
207
"It is a class A misdemeanor for anyone to sign any referendum petition with any other
208
name than his own, or knowingly to sign his name more than once for the same measure, or to sign
209
a referendum petition when he knows he is not a registered voter and knows that he does not intend
210
to become registered to vote before the certification of the petition names by the county clerk.";
211
(f) contain horizontally ruled lines, 3/8 inch apart under the "Warning" statement required
212
by this section; and
213
(g) be vertically divided into columns as follows:
214
(i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
215
headed with "For Office Use Only," and be subdivided with a light vertical line down the middle;
216
(ii) the next column shall be three inches wide, headed "Registered Voter's Printed Name
217
(must be legible to be counted)";
218
(iii) the next column shall be three inches wide, headed "Signature of Registered Voter";
219
and
220
(iv) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip Code".
221
(3) The final page of each referendum packet shall contain the following printed or typed
222
statement:
223
"Verification
224
State of Utah, County of ____
225
I, _______________, of ____, hereby state that:
226
I am a Utah resident and am at least 18 years old;
227
All the names that appear in this packet were signed by persons who professed to be the
228
persons whose names appear in it, and each of them signed his name on it in my presence;
229
I believe that each has printed and signed his name and written his post office address and
230
residence correctly, and that each signer is registered to vote in Utah or intends to become
231
registered to vote before the certification of the petition names by the county clerk.
232
________________________________________________________________________
233
(Name) (Residence Address) (Date)"
234
(4) The forms prescribed in this section are not mandatory, and, if substantially followed,
235
the referendum petitions are sufficient, notwithstanding clerical and merely technical errors.
236
Section 7.
Section
20A-7-305
is amended to read:
237
20A-7-305. Obtaining signatures -- Verification -- Removal of signature.
238
(1) Any Utah voter may sign a referendum petition if the voter is a legal voter.
239
(2) The sponsors shall ensure that the person in whose presence each signature sheet was
240
signed:
241
(a) is at least 18 years old and meets the residency requirements of Section
20A-2-105
; and
242
(b) verifies each signature sheet by completing the verification printed on the last page of
243
each signature sheet.
244
(3) (a) (i) Any voter who has signed a referendum petition may have his signature removed
245
from the petition by submitting a notarized statement to that effect to the county clerk.
246
(ii) In order for the signature to be removed, the statement must be received by the county
247
clerk before he delivers the petition to the lieutenant governor.
248
(b) Upon receipt of the statement, the county clerk shall remove the signature of the person
249
submitting the statement from the referendum petition.
250
(c) No one may remove signatures from a referendum petition after the petition is
251
submitted to the lieutenant governor.
252
Section 8.
Section
20A-7-306
is amended to read:
253
20A-7-306. Submitting the referendum petition -- Certification of signatures by the
254
county clerks -- Transfer to lieutenant governor.
255
(1) No later than 40 days after the end of the legislative session at which the law passed,
256
the sponsors shall deliver each signed and verified referendum packet to the county clerk of the
257
county in which the packet was circulated.
258
(2) No later than 55 days after the end of the legislative session at which the law passed,
259
the county clerk shall:
260
(a) check the names of all persons completing the verification on the back of each
261
signature sheet to determine whether or not those persons are Utah residents and are at least 18
262
years old; and
263
(b) submit the name of each of those persons who is not a Utah resident or who is not at
264
least 18 years old to the attorney general and county attorney.
265
(3) No later than 55 days after the end of the legislative session at which the law passed,
266
the county clerk shall:
267
(a) check all the names of the signers against the official registers to determine whether
268
or not the signer is a voter;
269
(b) certify on the referendum petition whether or not each name is that of a voter; and
270
(c) deliver all of the referendum packets to the lieutenant governor.
271
Section 9.
Section
20A-7-503
is amended to read:
272
20A-7-503. Form of initiative petitions and signature sheets.
273
(1) (a) Each proposed initiative petition shall be printed in substantially the following
274
form:
275
"INITIATIVE PETITION To the Honorable ____, County Clerk/City Recorder/Town
276
Clerk:
277
We, the undersigned citizens of Utah, respectfully demand that the following proposed law
278
be submitted to: the legislative body for its approval or rejection at its next meeting; and the legal
279
voters of the county/city/town, if the legislative body rejects the proposed law or takes no action
280
on it.
281
Each signer says:
282
I have personally signed this petition;
283
I am registered to vote in Utah or intend to become registered to vote in Utah before the
284
certification of the petition names by the county clerk; and
285
My residence and post office address are written correctly after my name."
286
(b) The sponsors of an initiative shall attach a copy of the proposed law to each initiative
287
petition.
288
(2) Each signature sheet shall:
289
(a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
290
(b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
291
blank for the purpose of binding;
292
(c) contain the title of the initiative printed below the horizontal line;
293
(d) contain the word "Warning" printed or typed at the top of each signature sheet under
294
the title of the initiative;
295
(e) contain, to the right of the word "Warning," the following statement printed or typed
296
in not less than eight-point, single leaded type:
297
"It is a class A misdemeanor for anyone to sign any initiative petition with any other name
298
than his own, or knowingly to sign his name more than once for the same measure, or to sign an
299
initiative petition when he knows he is not a registered voter and knows that he does not intend
300
to become registered to vote before the certification of the petition names by the county clerk.";
301
(f) contain horizontally ruled lines, 3/8 inch apart under the "Warning" statement required
302
by this section;
303
(g) be vertically divided into columns as follows:
304
(i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
305
headed with "For Office Use Only", and be subdivided with a light vertical line down the middle
306
with the left subdivision entitled "Registered" and the right subdivision left untitled;
307
(ii) the next column shall be three inches wide, headed "Registered Voter's Printed Name
308
(must be legible to be counted)";
309
(iii) the next column shall be three inches wide, headed "Signature of Registered Voter";
310
and
311
(iv) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip Code";
312
and
313
(h) contain the following statement, printed or typed upon the back of each sheet:
314
"Verification
315
State of Utah, County of ____
316
I, _______________, of ____, hereby state that:
317
I am a resident of Utah and am at least 18 years old;
318
All the names that appear on this sheet were signed by persons who professed to be the
319
persons whose names appear in it, and each of them signed his name on it in my presence;
320
I believe that each has printed and signed his name and written his post office address and
321
residence correctly, and that each signer is registered to vote in Utah or intends to become
322
registered to vote before the certification of the petition names by the county clerk.
323
_____________________________"
324
(3) The forms prescribed in this section are not mandatory, and, if substantially followed,
325
the initiative petitions are sufficient, notwithstanding clerical and merely technical errors.
326
Section 10.
Section
20A-7-504
is amended to read:
327
20A-7-504. Circulation requirements -- Local clerk to provide sponsors with
328
materials.
329
(1) In order to obtain the necessary number of signatures required by this part, the sponsors
330
shall circulate initiative packets that meet the form requirements of this part.
331
(2) The local clerk shall furnish to the sponsors:
332
(a) [five copies] one copy of the initiative petition; and
333
(b) [five] one signature [sheets] sheet.
334
(3) The sponsors of the petition shall:
335
(a) arrange and pay for the printing of all additional copies of the petition and signature
336
sheets; and
337
(b) ensure that the copies of the petition and signature sheets meet the form requirements
338
of this section.
339
(4) (a) The sponsors may prepare the initiative for circulation by creating multiple
340
initiative packets.
341
(b) The sponsors shall create those packets by binding a copy of the initiative petition, a
342
copy of the proposed law, and no more than 50 signature sheets together at the top in such a way
343
that the packets may be conveniently opened for signing.
344
(c) The sponsors need not attach a uniform number of signature sheets to each initiative
345
packet.
346
(5) (a) After the sponsors have prepared sufficient initiative packets, they shall return them
347
to the local clerk.
348
(b) The local clerk shall:
349
(i) number each of the initiative packets and return them to the sponsors within five
350
working days; and
351
(ii) keep a record of the numbers assigned to each packet.
352
Section 11.
Section
20A-7-505
is amended to read:
353
20A-7-505. Obtaining signatures -- Verification -- Removal of signature.
354
(1) Any Utah voter may sign a local initiative petition if the voter is a legal voter and
355
resides in the local jurisdiction.
356
(2) The sponsors shall ensure that the person in whose presence each signature sheet was
357
signed:
358
(a) is at least 18 years old and meets the residency requirements of Section
20A-2-105
; and
359
(b) verifies each signature sheet by completing the verification printed on the back of each
360
signature sheet.
361
(3) (a) (i) Any voter who has signed an initiative petition may have his signature removed
362
from the petition by submitting a notarized statement to that effect to the local clerk.
363
(ii) In order for the signature to be removed, the statement must be received by the local
364
clerk before he delivers the petition to the county clerk to be certified.
365
(b) Upon receipt of the statement, the local clerk shall remove the signature of the person
366
submitting the statement from the initiative petition.
367
(c) No one may remove signatures from an initiative petition after the petition is submitted
368
to the county clerk to be certified.
369
Section 12.
Section
20A-7-506
is amended to read:
370
20A-7-506. Submitting the initiative petition -- Certification of signatures by the
371
county clerks -- Transfer to local clerk.
372
(1) No later than 120 days before any regular general election, for county initiatives, or
373
municipal general election, for municipal initiatives, the sponsors shall deliver each signed and
374
verified initiative packet to the county clerk of the county in which the packet was circulated.
375
(2) No later than 90 days before any general election, the county clerk shall:
376
(a) check the names of all persons completing the verification on the back of each
377
signature sheet to determine whether or not those persons are residents of Utah and are at least 18
378
years old; and
379
(b) submit the name of each of those persons who is not a Utah resident or who is not at
380
least 18 years old to the attorney general and county attorney.
381
(3) No later than 60 days before any general election, the county clerk shall:
382
(a) check all the names of the signers against the official registers to determine whether
383
or not the signer is a voter;
384
(b) certify on the petition whether or not each name is that of a voter; and
385
(c) deliver all of the packets to the local clerk.
386
Section 13.
Section
20A-7-602
is amended to read:
387
20A-7-602. Local referendum process -- Application procedures.
388
(1) Persons wishing to circulate a referendum petition shall file an application with the
389
local clerk.
390
(2) The application shall contain:
391
(a) the name and residence address of at least five sponsors of the referendum petition;
392
(b) a certification indicating that each of the sponsors:
393
(i) is a [voter] resident of Utah; and
394
(ii) (A) if the referendum challenges a county ordinance, has voted in a regular general
395
election in Utah within the last three years; or
396
(B) if the referendum challenges a municipal ordinance, has voted in a regular municipal
397
election in Utah within the last three years;
398
(c) the signature of each of the sponsors, attested to by a notary public; and
399
(d) [five copies] one copy of the law.
400
Section 14.
Section
20A-7-603
is amended to read:
401
20A-7-603. Form of referendum petition and signature sheets.
402
(1) (a) Each proposed referendum petition shall be printed in substantially the following
403
form:
404
"REFERENDUM PETITION To the Honorable ____, County Clerk/City Recorder/Town
405
Clerk:
406
We, the undersigned citizens of Utah, respectfully order that Ordinance No. ____, entitled
407
(title of ordinance, and, if the petition is against less than the whole ordinance, set forth here the
408
part or parts on which the referendum is sought), passed by the ____ be referred to the voters for
409
their approval or rejection at the regular/municipal general election to be held on the ____ day of
410
____, 19__;
411
Each signer says:
412
I have personally signed this petition;
413
I am registered to vote in Utah or intend to become registered to vote in Utah before the
414
certification of the petition names by the county clerk; and
415
My residence and post office address are written correctly after my name."
416
(b) The sponsors of a referendum shall attach a copy of the law that is the subject of the
417
referendum to each referendum petition.
418
(2) Each signature sheet shall:
419
(a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
420
(b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
421
blank for the purpose of binding;
422
(c) contain the title of the referendum printed below the horizontal line;
423
(d) contain the word "Warning" printed or typed at the top of each signature sheet under
424
the title of the referendum;
425
(e) contain, to the right of the word "Warning," the following statement printed or typed
426
in not less than eight-point, single leaded type:
427
"It is a class A misdemeanor for anyone to sign any referendum petition with any other
428
name than his own, or knowingly to sign his name more than once for the same measure, or to sign
429
a referendum petition when he knows he is not a registered voter and knows that he does not intend
430
to become registered to vote before the certification of the petition names by the county clerk.";
431
(f) contain horizontally ruled lines, 3/8 inch apart under the "Warning" statement required
432
by this section;
433
(g) be vertically divided into columns as follows:
434
(i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
435
headed with "For Office Use Only," and be subdivided with a light vertical line down the middle;
436
(ii) the next column shall be three inches wide, headed "Registered Voter's Printed Name
437
(must be legible to be counted)";
438
(iii) the next column shall be three inches wide, headed "Signature of Registered Voter";
439
and
440
(iv) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip Code";
441
and
442
(h) contain the following statement, printed or typed upon the back of each sheet:
443
"Verification
444
State of Utah, County of ____
445
I, _______________, of ____, hereby state that:
446
I am a resident of Utah and am at least 18 years old;
447
All the names that appear on this sheet were signed by persons who professed to be the
448
persons whose names appear in it, and each of them signed his name on it in my presence;
449
I believe that each has printed and signed his name and written his post office address and
450
residence correctly, and that each signer is registered to vote in Utah or intends to become
451
registered to vote before the certification of the petition names by the county clerk.
452
_____________________________"
453
(3) The forms prescribed in this section are not mandatory, and, if substantially followed,
454
the referendum petitions are sufficient, notwithstanding clerical and merely technical errors.
455
Section 15.
Section
20A-7-605
is amended to read:
456
20A-7-605. Obtaining signatures -- Verification -- Removal of signature.
457
(1) Any Utah voter may sign a local referendum petition if the voter is a legal voter and
458
resides in the local jurisdiction.
459
(2) The sponsors shall ensure that the person in whose presence each signature sheet was
460
signed:
461
(a) is at least 18 years old and meets the residency requirements of Section
20A-2-105
; and
462
(b) verifies each signature sheet by completing the verification printed on the back of each
463
signature sheet.
464
(3) (a) [(i)] Any voter who has signed a referendum petition may have his signature
465
removed from the petition by submitting a notarized statement to that effect to the local clerk.
466
[(ii) In order for the signature to be removed, the statement must be received by the local
467
clerk before he delivers the petition to the county clerk to be certified.]
468
(b) [Upon] Except as provided in Subsection (3)(c), upon receipt of the statement, the local
469
clerk shall remove the signature of the person submitting the statement from the referendum
470
petition.
471
(c) [No one] A local clerk may not remove signatures from a referendum petition after the
472
petition [is] has been submitted to the county clerk to be certified.
473
Section 16.
Section
20A-7-606
is amended to read:
474
20A-7-606. Submitting the referendum petition -- Certification of signatures by the
475
county clerks -- Transfer to local clerk.
476
(1) No later than 120 days before any regular general election for county referenda, or
477
municipal general election for local referenda, the sponsors shall deliver each signed and verified
478
referendum packet to the county clerk of the county in which the packet was circulated.
479
(2) No later than 90 days before any general election, the county clerk shall:
480
(a) check the names of all persons completing the verification on the back of each
481
signature sheet to determine whether or not those persons are Utah residents and are at least 18
482
years old; and
483
(b) submit the name of each of those persons who is not a Utah resident or who is not at
484
least 18 years old to the attorney general and county attorney.
485
(3) No later than 60 days before any general election, the county clerk shall:
486
(a) check all the names of the signers against the official registers to determine whether
487
or not the signer is a voter;
488
(b) certify on the referendum petition whether or not each name is that of a voter; and
489
(c) deliver all of the referendum packets to the local clerk.
Legislative Review Note
as of 11-1-99 7:38 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
Committee Note
The Government Operations Interim Committee recommended this bill.
[Bill Documents][Bills Directory]