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First Substitute H.B. 8
Representative Loraine T. Pace proposes to substitute the following bill:
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ELECTION LAW CHANGES
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Loraine T. Pace
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AN ACT RELATING TO ELECTIONS; ADDING AN AGE REQUIREMENT FOR
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CIRCULATORS OF INITIATIVE AND REFERENDA PETITIONERS; REQUIRING THAT
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PERSONS APPOINTED TO FILL A VACANCY IN A MUNICIPAL OFFICE MEET THE
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LEGAL QUALIFICATIONS FOR OFFICE; REVISING REQUIREMENTS FOR PETITION
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CIRCULATORS; AND MAKING TECHNICAL CORRECTIONS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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17-20-5, as last amended by Chapter 66, Laws of Utah 1984
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20A-1-510, as last amended by Chapter 24, Laws of Utah 1997
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20A-4-102, as last amended by Chapters 2 and 21, Laws of Utah 1994
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20A-4-401, as last amended by Chapters 22 and 45, Laws of Utah 1999
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20A-7-203, as last amended by Chapter 45, Laws of Utah 1999
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20A-7-205, as last amended by Chapter 45, Laws of Utah 1999
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20A-7-206, as last amended by Chapter 45, Laws of Utah 1999
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20A-7-303, as last amended by Chapter 45, Laws of Utah 1999
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20A-7-305, as last amended by Chapter 45, Laws of Utah 1999
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20A-7-306, as last amended by Chapter 45, Laws of Utah 1999
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20A-7-503, as last amended by Chapter 45, Laws of Utah 1999
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20A-7-504, as enacted by Chapter 272, Laws of Utah 1994
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20A-7-505, as last amended by Chapter 45, Laws of Utah 1999
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20A-7-506, as last amended by Chapter 45, Laws of Utah 1999
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20A-7-602, as enacted by Chapter 272, Laws of Utah 1994
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20A-7-603, as last amended by Chapter 45, Laws of Utah 1999
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20A-7-605, as last amended by Chapter 45, Laws of Utah 1999
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20A-7-606, as last amended by Chapter 45, Laws of Utah 1999
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20A-9-203, as last amended by Chapters 24 and 130, Laws of Utah 1997
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
17-20-5
is amended to read:
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17-20-5. Report of election and appointment of officers.
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[Every county clerk shall within] Within ten days after [the issuance by him of any] a
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county clerk issues a certificate of election [of elective county officers, excepting justices of the
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peace and constables, and after the issuance by him of any] or a certificate of appointment made
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to fill vacancies in elective county offices, [excepting justices of the peace and constables,] the
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county clerk shall prepare and forward to the lieutenant governor a certified report [on forms
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furnished by the lieutenant governor of every such certificate issued as aforesaid. Every such report
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shall show] showing:
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(1) the name of the county[,];
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(2) the name of the county office to which the person was elected or appointed[,];
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(3) the date of the election or appointment of [such] the person[;];
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(4) the date of the expiration of the term for which the person was elected or appointed[,];
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(5) the date of the certificate of election or appointment[,]; and
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(6) the date of the qualification of the person [so] elected or appointed.
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Section 2.
Section
20A-1-510
is amended to read:
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20A-1-510. Midterm vacancies in municipal offices.
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(1) (a) Except as otherwise provided in Subsection (2), if any vacancy occurs in the office
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of municipal executive or member of a municipal legislative body, the municipal legislative body
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shall appoint a registered voter in the municipality who meets the qualifications for office
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established in Section
10-3-301
to fill the unexpired term of the office vacated until the January
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following the next municipal election.
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(b) Before acting to fill the vacancy, the municipal legislative body shall:
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(i) give public notice of the vacancy at least two weeks before the municipal legislative
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body meets to fill the vacancy; and
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(ii) identify, in the notice:
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(A) the date, time, and place of the meeting where the vacancy will be filled; and
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(B) the person to whom a person interested in being appointed to fill the vacancy may
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submit his name for consideration and any deadline for submitting it.
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(c) (i) If, for any reason, the municipal legislative body does not fill the vacancy within 30
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days after the vacancy occurs, the municipal legislative body shall vote upon the names that have
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been submitted.
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(ii) The two persons having the highest number of votes of the municipal legislative body
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shall appear before the municipal legislative body and the municipal legislative body shall vote
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again.
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(iii) If neither candidate receives a majority vote of the municipal legislative body at that
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time, the vacancy shall be filled by lot in the presence of the municipal legislative body.
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(2) (a) A vacancy in the office of municipal executive or member of a municipal legislative
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body shall be filled by an interim appointment, followed by an election to fill a two-year term, if:
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(i) the vacancy occurs, or a letter of resignation is received, by the municipal executive at
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least 14 days before the deadline for filing for election in an odd-numbered year; and
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(ii) two years of the vacated term will remain after the first Monday of January following
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the next municipal election.
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(b) In appointing an interim replacement, the municipal legislative body shall comply with
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the notice requirements of this section.
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(3) A member of a municipal legislative body may not participate in any part of the process
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established in this section to fill a vacancy if that member is being considered for appointment to
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fill the vacancy.
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Section 3.
Section
20A-4-102
is amended to read:
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20A-4-102. Counting paper ballots after the polls close.
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(1) (a) Except as provided in Subsection (2), as soon as the polls have been closed and the
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last qualified voter has voted, the election judges shall count the ballots by performing the tasks
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specified in this section in the order that they are specified.
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(b) The election judges shall apply the standards and requirements of Section [
20A-4-104
]
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20A-4-105
to resolve any questions that arise as they count the ballots.
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(2) (a) First, the election judges shall count the number of ballots in the ballot box.
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(b) (i) If there are more ballots in the ballot box than there are names entered in the
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pollbook, the judges shall examine the official endorsements on the ballots.
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(ii) If, in the unanimous opinion of the judges, any of the ballots do not bear the proper
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official endorsement, the judges shall put those ballots in an excess ballot file and not count them.
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(c) (i) If, after examining the official endorsements, there are still more ballots in the ballot
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box than there are names entered in the pollbook, the judges shall place the remaining ballots back
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in the ballot box.
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(ii) One of the judges, without looking, shall draw a number of ballots equal to the excess
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from the ballot box.
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(iii) The judges shall put those excess ballots into the excess ballot envelope and not count
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them.
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(d) When the ballots in the ballot box equal the number of names entered in the pollbook,
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the judges shall count the votes.
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(3) The judges shall:
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(a) place all unused ballots in the envelope or container provided for return to the county
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clerk or city recorder; and
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(b) seal that envelope or container.
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(4) (a) In counting the votes, the election judges shall read and count each ballot
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separately.
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(b) In regular primary elections the judges shall:
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(i) count the number of ballots cast for each party;
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(ii) place the ballots cast for each party in separate piles; and
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(iii) count all the ballots for one party before beginning to count the ballots cast for other
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parties.
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(5) (a) In all elections, the counting judges shall:
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(i) count one vote for each candidate designated by the marks in the squares next to the
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candidate's name;
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(ii) count one vote for each candidate on the ticket beneath a marked circle, excluding any
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candidate for an office for which a vote has been cast for a candidate for the same office upon
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another ticket by the placing of a mark in the square opposite the name of that candidate on the
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other ticket;
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(iii) count each vote for each write-in candidate who has qualified by filing a declaration
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of candidacy under Section
20A-9-601
;
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(iv) read every name marked on the ballot and mark every name upon the tally sheets
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before another ballot is counted;
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(v) evaluate each ballot and each vote based on the standards and requirements of Section
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20A-4-105
;
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(vi) write the word "spoiled" on the back of each ballot that lacks the official endorsement
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and deposit it in the spoiled ballot envelope; and
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(vii) read, count, and record upon the tally sheets the votes that each candidate and ballot
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proposition received from all ballots, except excess or spoiled ballots.
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(b) Election judges need not tally write-in votes for fictitious persons, nonpersons, or
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persons clearly not eligible to qualify for office.
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(c) The judges shall certify to the accuracy and completeness of the tally list in the space
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provided on the tally list.
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(d) When the judges have counted all of the voted ballots, they shall record the results on
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the total votes cast form.
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(6) Only election judges and counting poll watchers may be present at the place where
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counting is conducted until the count is completed.
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Section 4.
Section
20A-4-401
is amended to read:
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20A-4-401. Recounts -- Procedure.
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(1) (a) For any regular primary, municipal primary, regular general, or municipal general
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election, or the Western States Presidential primary, when any candidate loses by not more than
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a total of one vote per voting precinct, the candidate may file a request for a recount with the
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appropriate election officer within seven days [of] after the canvass.
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(b) The election officer shall:
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(i) supervise the recount;
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(ii) recount all ballots cast for that office;
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(iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part
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3; and
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(iv) declare elected the person receiving the highest number of votes on the recount.
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(2) (a) Any ten voters who voted in an election when any ballot proposition was on the
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ballot may file a request for a recount with the appropriate election officer within seven days of
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the canvass.
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(b) The election officer shall:
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(i) supervise the recount;
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(ii) recount all ballots cast for that ballot proposition;
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(iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part
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3; and
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(iv) declare the ballot proposition to have "passed" or "failed" based upon the results of
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the recount.
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(c) Proponents and opponents of the ballot proposition may designate representatives to
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witness the recount.
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(d) The person or entity requesting the recount shall pay the costs of the recount.
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(3) Costs incurred by recount under Subsection (1) may not be assessed against the person
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requesting the recount.
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Section 5.
Section
20A-7-203
is amended to read:
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20A-7-203. Form of initiative petition and signature sheets.
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(1) (a) Each proposed initiative petition shall be printed in substantially the following
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form:
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"INITIATIVE PETITION To the Honorable ____, Lieutenant Governor:
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We, the undersigned citizens of Utah, respectfully demand that the following proposed law
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be submitted to the legal voters/Legislature of Utah for their/its approval or rejection at the regular
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general election/session to be held/ beginning on the ____ day of ____, 19__;
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Each signer says:
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I have personally signed this petition;
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I am registered to vote in Utah or intend to become registered to vote in Utah before the
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certification of the petition names by the county clerk; and
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My residence and post office address are written correctly after my name."
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(b) The sponsors of an initiative shall attach a copy of the proposed law to each initiative
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petition.
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(2) Each signature sheet shall:
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(a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
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(b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
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blank for the purpose of binding;
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(c) contain the title of the initiative printed below the horizontal line;
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(d) contain the word "Warning" printed or typed at the top of each signature sheet under
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the title of the initiative;
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(e) contain, to the right of the word "Warning," the following statement printed or typed
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in not less than eight-point, single leaded type:
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"It is a class A misdemeanor for anyone to sign any initiative petition with any other name
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than his own, or knowingly to sign his name more than once for the same measure, or to sign an
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initiative petition when he knows he is not a registered voter and knows that he does not intend
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to become registered to vote before the certification of the petition names by the county clerk.";
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(f) contain horizontally ruled lines, 3/8 inch apart under the "Warning" statement required
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by this section; and
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(g) be vertically divided into columns as follows:
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(i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
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headed with "For Office Use Only," and be subdivided with a light vertical line down the middle
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with the left subdivision entitled "Registered" and the right subdivision left untitled;
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(ii) the next column shall be three inches wide, headed "Registered Voter's Printed Name
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(must be legible to be counted)";
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(iii) the next column shall be three inches wide, headed "Signature of Registered Voter";
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and
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(iv) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip Code".
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(3) The final page of each initiative packet shall contain the following printed or typed
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statement:
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"Verification
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State of Utah, County of ____
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I, _______________, of ____, hereby state that:
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I am a resident of Utah and am at least 18 years old;
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All the names that appear in this packet were signed by persons who professed to be the
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persons whose names appear in it, and each of them signed his name on it in my presence;
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I believe that each has printed and signed his name and written his post office address and
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residence correctly, and that each signer is registered to vote in Utah or intends to become
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registered to vote before the certification of the petition names by the county clerk.
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________________________________________________________________________
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(Name) (Residence Address) (Date)"
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(4) The forms prescribed in this section are not mandatory, and, if substantially followed,
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the initiative petitions are sufficient, notwithstanding clerical and merely technical errors.
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Section 6.
Section
20A-7-205
is amended to read:
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20A-7-205. Obtaining signatures -- Verification -- Removal of signature.
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(1) Any Utah voter may sign an initiative petition if the voter is a legal voter.
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(2) The sponsors shall ensure that the person in whose presence each signature sheet was
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signed:
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(a) is at least 18 years old and meets the residency requirements of Section
20A-2-105
; and
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(b) verifies each signature sheet by completing the verification printed on the last page of
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each initiative packet.
226
(3) (a) (i) Any voter who has signed an initiative petition may have his signature removed
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from the petition by submitting a notarized statement to that effect to the county clerk.
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(ii) In order for the signature to be removed, the statement must be received by the county
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clerk before he delivers the petition to the lieutenant governor.
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(b) Upon receipt of the statement, the county clerk shall remove the signature of the person
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submitting the statement from the initiative petition.
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(c) No one may remove signatures from an initiative petition after the petition is submitted
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to the lieutenant governor.
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Section 7.
Section
20A-7-206
is amended to read:
235
20A-7-206. Submitting the initiative petition -- Certification of signatures by the
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county clerks -- Transfer to lieutenant governor.
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(1) In order to qualify an initiative petition for placement on the regular general election
238
ballot, the sponsors shall deliver each signed and verified initiative packet to the county clerk of
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the county in which the packet was circulated by the June 1 before the regular general election.
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(2) No later than June 15 before the regular general election, the county clerk shall:
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(a) check the names of all persons completing the verification for the initiative packet to
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determine whether or not those persons are residents of Utah and are at least 18 years old; and
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(b) submit the name of each of those persons who is not [registered to vote in Utah] a Utah
244
resident or who is not at least 18 years old to the attorney general and county attorney.
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(3) No later than July 1 before the regular general election, the county clerk shall:
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(a) check all the names of the signers against the official registers to determine whether
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or not the signer is a registered voter;
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(b) certify on the petition whether or not each name is that of a registered voter; and
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(c) deliver all of the packets to the lieutenant governor.
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(4) In order to qualify an initiative petition for submission to the Legislature, the sponsors
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shall deliver each signed and verified initiative packet to the county clerk of the county in which
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the packet was circulated by the November 15 before the annual general session of the Legislature.
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(5) No later than December 1 before the annual general session of the Legislature, the
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county clerk shall:
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(a) check the names of all persons completing the verification for the initiative packet to
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determine whether or not those persons are Utah residents and are at least 18 years old; and
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(b) submit the name of each of those persons who is not a Utah resident or who is not at
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least 18 years old to the attorney general and county attorney.
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(6) No later than December 15 before the annual general session of the Legislature, the
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county clerk shall:
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(a) check all the names of the signers against the official registers to determine whether
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or not the signer is a registered voter;
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(b) certify on the petition whether or not each name is that of a registered voter; and
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(c) deliver all of the packets to the lieutenant governor.
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(7) Initiative packets are public once they are delivered to the county clerks.
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(8) The sponsor or their representatives may not retrieve initiative packets from the county
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clerks once they have submitted them.
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Section 8.
Section
20A-7-303
is amended to read:
269
20A-7-303. Form of referendum petition and signature sheets.
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(1) (a) Each proposed referendum petition shall be printed in substantially the following
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form:
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"REFERENDUM PETITION To the Honorable ____, Lieutenant Governor:
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We, the undersigned citizens of Utah, respectfully order that Senate (or House) Bill No.
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____, entitled (title of act, and, if the petition is against less than the whole act, set forth here the
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part or parts on which the referendum is sought), passed by the ____ Session of the Legislature of
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the state of Utah, be referred to the people of Utah for their approval or rejection at a regular
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general election or a statewide special election;
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Each signer says:
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I have personally signed this petition;
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I am registered to vote in Utah or intend to become registered to vote in Utah before the
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certification of the petition names by the county clerk; and
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My residence and post office address are written correctly after my name."
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(b) The sponsors of a referendum shall attach a copy of the law that is the subject of the
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referendum to each referendum petition.
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(2) Each signature sheet shall:
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(a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
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(b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
288
blank for the purpose of binding;
289
(c) contain the title of the referendum printed below the horizontal line;
290
(d) contain the word "Warning" printed or typed at the top of each signature sheet under
291
the title of the referendum;
292
(e) contain, to the right of the word "Warning," the following statement printed or typed
293
in not less than eight-point, single leaded type:
294
"It is a class A misdemeanor for anyone to sign any referendum petition with any other
295
name than his own, or knowingly to sign his name more than once for the same measure, or to sign
296
a referendum petition when he knows he is not a registered voter and knows that he does not intend
297
to become registered to vote before the certification of the petition names by the county clerk.";
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(f) contain horizontally ruled lines, 3/8 inch apart under the "Warning" statement required
299
by this section; and
300
(g) be vertically divided into columns as follows:
301
(i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
302
headed with "For Office Use Only," and be subdivided with a light vertical line down the middle;
303
(ii) the next column shall be three inches wide, headed "Registered Voter's Printed Name
304
(must be legible to be counted)";
305
(iii) the next column shall be three inches wide, headed "Signature of Registered Voter";
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and
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(iv) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip Code".
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(3) The final page of each referendum packet shall contain the following printed or typed
309
statement:
310
"Verification
311
State of Utah, County of ____
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I, _______________, of ____, hereby state that:
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I am a Utah resident and am at least 18 years old;
314
All the names that appear in this packet were signed by persons who professed to be the
315
persons whose names appear in it, and each of them signed his name on it in my presence;
316
I believe that each has printed and signed his name and written his post office address and
317
residence correctly, and that each signer is registered to vote in Utah or intends to become
318
registered to vote before the certification of the petition names by the county clerk.
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________________________________________________________________________
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(Name) (Residence Address) (Date)"
321
(4) The forms prescribed in this section are not mandatory, and, if substantially followed,
322
the referendum petitions are sufficient, notwithstanding clerical and merely technical errors.
323
Section 9.
Section
20A-7-305
is amended to read:
324
20A-7-305. Obtaining signatures -- Verification -- Removal of signature.
325
(1) Any Utah voter may sign a referendum petition if the voter is a legal voter.
326
(2) The sponsors shall ensure that the person in whose presence each signature sheet was
327
signed:
328
(a) is at least 18 years old and meets the residency requirements of Section
20A-2-105
; and
329
(b) verifies each signature sheet by completing the verification printed on the last page of
330
each signature sheet.
331
(3) (a) (i) Any voter who has signed a referendum petition may have his signature removed
332
from the petition by submitting a notarized statement to that effect to the county clerk.
333
(ii) In order for the signature to be removed, the statement must be received by the county
334
clerk before he delivers the petition to the lieutenant governor.
335
(b) Upon receipt of the statement, the county clerk shall remove the signature of the person
336
submitting the statement from the referendum petition.
337
(c) No one may remove signatures from a referendum petition after the petition is
338
submitted to the lieutenant governor.
339
Section 10.
Section
20A-7-306
is amended to read:
340
20A-7-306. Submitting the referendum petition -- Certification of signatures by the
341
county clerks -- Transfer to lieutenant governor.
342
(1) No later than 40 days after the end of the legislative session at which the law passed,
343
the sponsors shall deliver each signed and verified referendum packet to the county clerk of the
344
county in which the packet was circulated.
345
(2) No later than 55 days after the end of the legislative session at which the law passed,
346
the county clerk shall:
347
(a) check the names of all persons completing the verification on the back of each
348
signature sheet to determine whether or not those persons are Utah residents and are at least 18
349
years old; and
350
(b) submit the name of each of those persons who is not a Utah resident or who is not at
351
least 18 years old to the attorney general and county attorney.
352
(3) No later than 55 days after the end of the legislative session at which the law passed,
353
the county clerk shall:
354
(a) check all the names of the signers against the official registers to determine whether
355
or not the signer is a voter;
356
(b) certify on the referendum petition whether or not each name is that of a voter; and
357
(c) deliver all of the referendum packets to the lieutenant governor.
358
Section 11.
Section
20A-7-503
is amended to read:
359
20A-7-503. Form of initiative petitions and signature sheets.
360
(1) (a) Each proposed initiative petition shall be printed in substantially the following
361
form:
362
"INITIATIVE PETITION To the Honorable ____, County Clerk/City Recorder/Town
363
Clerk:
364
We, the undersigned citizens of Utah, respectfully demand that the following proposed law
365
be submitted to: the legislative body for its approval or rejection at its next meeting; and the legal
366
voters of the county/city/town, if the legislative body rejects the proposed law or takes no action
367
on it.
368
Each signer says:
369
I have personally signed this petition;
370
I am registered to vote in Utah or intend to become registered to vote in Utah before the
371
certification of the petition names by the county clerk; and
372
My residence and post office address are written correctly after my name."
373
(b) The sponsors of an initiative shall attach a copy of the proposed law to each initiative
374
petition.
375
(2) Each signature sheet shall:
376
(a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
377
(b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
378
blank for the purpose of binding;
379
(c) contain the title of the initiative printed below the horizontal line;
380
(d) contain the word "Warning" printed or typed at the top of each signature sheet under
381
the title of the initiative;
382
(e) contain, to the right of the word "Warning," the following statement printed or typed
383
in not less than eight-point, single leaded type:
384
"It is a class A misdemeanor for anyone to sign any initiative petition with any other name
385
than his own, or knowingly to sign his name more than once for the same measure, or to sign an
386
initiative petition when he knows he is not a registered voter and knows that he does not intend
387
to become registered to vote before the certification of the petition names by the county clerk.";
388
(f) contain horizontally ruled lines, 3/8 inch apart under the "Warning" statement required
389
by this section;
390
(g) be vertically divided into columns as follows:
391
(i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
392
headed with "For Office Use Only", and be subdivided with a light vertical line down the middle
393
with the left subdivision entitled "Registered" and the right subdivision left untitled;
394
(ii) the next column shall be three inches wide, headed "Registered Voter's Printed Name
395
(must be legible to be counted)";
396
(iii) the next column shall be three inches wide, headed "Signature of Registered Voter";
397
and
398
(iv) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip Code";
399
and
400
(h) contain the following statement, printed or typed upon the back of each sheet:
401
"Verification
402
State of Utah, County of ____
403
I, _______________, of ____, hereby state that:
404
I am a resident of Utah and am at least 18 years old;
405
All the names that appear on this sheet were signed by persons who professed to be the
406
persons whose names appear in it, and each of them signed his name on it in my presence;
407
I believe that each has printed and signed his name and written his post office address and
408
residence correctly, and that each signer is registered to vote in Utah or intends to become
409
registered to vote before the certification of the petition names by the county clerk.
410
_____________________________"
411
(3) The forms prescribed in this section are not mandatory, and, if substantially followed,
412
the initiative petitions are sufficient, notwithstanding clerical and merely technical errors.
413
Section 12.
Section
20A-7-504
is amended to read:
414
20A-7-504. Circulation requirements -- Local clerk to provide sponsors with
415
materials.
416
(1) In order to obtain the necessary number of signatures required by this part, the sponsors
417
shall circulate initiative packets that meet the form requirements of this part.
418
(2) The local clerk shall furnish to the sponsors:
419
(a) [five copies] one copy of the initiative petition; and
420
(b) [five] one signature [sheets] sheet.
421
(3) The sponsors of the petition shall:
422
(a) arrange and pay for the printing of all additional copies of the petition and signature
423
sheets; and
424
(b) ensure that the copies of the petition and signature sheets meet the form requirements
425
of this section.
426
(4) (a) The sponsors may prepare the initiative for circulation by creating multiple
427
initiative packets.
428
(b) The sponsors shall create those packets by binding a copy of the initiative petition, a
429
copy of the proposed law, and no more than 50 signature sheets together at the top in such a way
430
that the packets may be conveniently opened for signing.
431
(c) The sponsors need not attach a uniform number of signature sheets to each initiative
432
packet.
433
(5) (a) After the sponsors have prepared sufficient initiative packets, they shall return them
434
to the local clerk.
435
(b) The local clerk shall:
436
(i) number each of the initiative packets and return them to the sponsors within five
437
working days; and
438
(ii) keep a record of the numbers assigned to each packet.
439
Section 13.
Section
20A-7-505
is amended to read:
440
20A-7-505. Obtaining signatures -- Verification -- Removal of signature.
441
(1) Any Utah voter may sign a local initiative petition if the voter is a legal voter and
442
resides in the local jurisdiction.
443
(2) The sponsors shall ensure that the person in whose presence each signature sheet was
444
signed:
445
(a) is at least 18 years old and meets the residency requirements of Section
20A-2-105
; and
446
(b) verifies each signature sheet by completing the verification printed on the back of each
447
signature sheet.
448
(3) (a) (i) Any voter who has signed an initiative petition may have his signature removed
449
from the petition by submitting a notarized statement to that effect to the local clerk.
450
(ii) In order for the signature to be removed, the statement must be received by the local
451
clerk before he delivers the petition to the county clerk to be certified.
452
(b) Upon receipt of the statement, the local clerk shall remove the signature of the person
453
submitting the statement from the initiative petition.
454
(c) No one may remove signatures from an initiative petition after the petition is submitted
455
to the county clerk to be certified.
456
Section 14.
Section
20A-7-506
is amended to read:
457
20A-7-506. Submitting the initiative petition -- Certification of signatures by the
458
county clerks -- Transfer to local clerk.
459
(1) No later than 120 days before any regular general election, for county initiatives, or
460
municipal general election, for municipal initiatives, the sponsors shall deliver each signed and
461
verified initiative packet to the county clerk of the county in which the packet was circulated.
462
(2) No later than 90 days before any general election, the county clerk shall:
463
(a) check the names of all persons completing the verification on the back of each
464
signature sheet to determine whether or not those persons are residents of Utah and are at least 18
465
years old; and
466
(b) submit the name of each of those persons who is not a Utah resident or who is not at
467
least 18 years old to the attorney general and county attorney.
468
(3) No later than 60 days before any general election, the county clerk shall:
469
(a) check all the names of the signers against the official registers to determine whether
470
or not the signer is a voter;
471
(b) certify on the petition whether or not each name is that of a voter; and
472
(c) deliver all of the packets to the local clerk.
473
Section 15.
Section
20A-7-602
is amended to read:
474
20A-7-602. Local referendum process -- Application procedures.
475
(1) Persons wishing to circulate a referendum petition shall file an application with the
476
local clerk.
477
(2) The application shall contain:
478
(a) the name and residence address of at least five sponsors of the referendum petition;
479
(b) a certification indicating that each of the sponsors:
480
(i) is a [voter] resident of Utah; and
481
(ii) (A) if the referendum challenges a county ordinance, has voted in a regular general
482
election in Utah within the last three years; or
483
(B) if the referendum challenges a municipal ordinance, has voted in a regular municipal
484
election in Utah within the last three years;
485
(c) the signature of each of the sponsors, attested to by a notary public; and
486
(d) [five copies] one copy of the law.
487
Section 16.
Section
20A-7-603
is amended to read:
488
20A-7-603. Form of referendum petition and signature sheets.
489
(1) (a) Each proposed referendum petition shall be printed in substantially the following
490
form:
491
"REFERENDUM PETITION To the Honorable ____, County Clerk/City Recorder/Town
492
Clerk:
493
We, the undersigned citizens of Utah, respectfully order that Ordinance No. ____, entitled
494
(title of ordinance, and, if the petition is against less than the whole ordinance, set forth here the
495
part or parts on which the referendum is sought), passed by the ____ be referred to the voters for
496
their approval or rejection at the regular/municipal general election to be held on the ____ day of
497
____, 19__;
498
Each signer says:
499
I have personally signed this petition;
500
I am registered to vote in Utah or intend to become registered to vote in Utah before the
501
certification of the petition names by the county clerk; and
502
My residence and post office address are written correctly after my name."
503
(b) The sponsors of a referendum shall attach a copy of the law that is the subject of the
504
referendum to each referendum petition.
505
(2) Each signature sheet shall:
506
(a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
507
(b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
508
blank for the purpose of binding;
509
(c) contain the title of the referendum printed below the horizontal line;
510
(d) contain the word "Warning" printed or typed at the top of each signature sheet under
511
the title of the referendum;
512
(e) contain, to the right of the word "Warning," the following statement printed or typed
513
in not less than eight-point, single leaded type:
514
"It is a class A misdemeanor for anyone to sign any referendum petition with any other
515
name than his own, or knowingly to sign his name more than once for the same measure, or to sign
516
a referendum petition when he knows he is not a registered voter and knows that he does not intend
517
to become registered to vote before the certification of the petition names by the county clerk.";
518
(f) contain horizontally ruled lines, 3/8 inch apart under the "Warning" statement required
519
by this section;
520
(g) be vertically divided into columns as follows:
521
(i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
522
headed with "For Office Use Only," and be subdivided with a light vertical line down the middle;
523
(ii) the next column shall be three inches wide, headed "Registered Voter's Printed Name
524
(must be legible to be counted)";
525
(iii) the next column shall be three inches wide, headed "Signature of Registered Voter";
526
and
527
(iv) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip Code";
528
and
529
(h) contain the following statement, printed or typed upon the back of each sheet:
530
"Verification
531
State of Utah, County of ____
532
I, _______________, of ____, hereby state that:
533
I am a resident of Utah and am at least 18 years old;
534
All the names that appear on this sheet were signed by persons who professed to be the
535
persons whose names appear in it, and each of them signed his name on it in my presence;
536
I believe that each has printed and signed his name and written his post office address and
537
residence correctly, and that each signer is registered to vote in Utah or intends to become
538
registered to vote before the certification of the petition names by the county clerk.
539
_____________________________"
540
(3) The forms prescribed in this section are not mandatory, and, if substantially followed,
541
the referendum petitions are sufficient, notwithstanding clerical and merely technical errors.
542
Section 17.
Section
20A-7-605
is amended to read:
543
20A-7-605. Obtaining signatures -- Verification -- Removal of signature.
544
(1) Any Utah voter may sign a local referendum petition if the voter is a legal voter and
545
resides in the local jurisdiction.
546
(2) The sponsors shall ensure that the person in whose presence each signature sheet was
547
signed:
548
(a) is at least 18 years old and meets the residency requirements of Section
20A-2-105
; and
549
(b) verifies each signature sheet by completing the verification printed on the back of each
550
signature sheet.
551
(3) (a) [(i)] Any voter who has signed a referendum petition may have his signature
552
removed from the petition by submitting a notarized statement to that effect to the local clerk.
553
[(ii) In order for the signature to be removed, the statement must be received by the local
554
clerk before he delivers the petition to the county clerk to be certified.]
555
(b) [Upon] Except as provided in Subsection (3)(c), upon receipt of the statement, the local
556
clerk shall remove the signature of the person submitting the statement from the referendum
557
petition.
558
(c) [No one] A local clerk may not remove signatures from a referendum petition after the
559
petition [is] has been submitted to the county clerk to be certified.
560
Section 18.
Section
20A-7-606
is amended to read:
561
20A-7-606. Submitting the referendum petition -- Certification of signatures by the
562
county clerks -- Transfer to local clerk.
563
(1) No later than 120 days before any regular general election for county referenda, or
564
municipal general election for local referenda, the sponsors shall deliver each signed and verified
565
referendum packet to the county clerk of the county in which the packet was circulated.
566
(2) No later than 90 days before any general election, the county clerk shall:
567
(a) check the names of all persons completing the verification on the back of each
568
signature sheet to determine whether or not those persons are Utah residents and are at least 18
569
years old; and
570
(b) submit the name of each of those persons who is not a Utah resident or who is not at
571
least 18 years old to the attorney general and county attorney.
572
(3) No later than 60 days before any general election, the county clerk shall:
573
(a) check all the names of the signers against the official registers to determine whether
574
or not the signer is a voter;
575
(b) certify on the referendum petition whether or not each name is that of a voter; and
576
(c) deliver all of the referendum packets to the local clerk.
577
Section 19.
Section
20A-9-203
is amended to read:
578
20A-9-203. Declarations of candidacy -- Municipal general elections.
579
(1) (a) A person may become a candidate for any municipal office if the person is a
580
registered voter and:
581
(i) the person has resided within the municipality in which that person seeks to hold
582
elective office for the 12 consecutive months immediately before the date of the election; or
583
(ii) if the territory in which the person resides was annexed into the municipality, the
584
person has resided within the annexed territory or the municipality for 12 months.
585
(b) In addition to the requirements of Subsection (a), candidates for a municipal council
586
position under the council-mayor or council-manager alternative forms of municipal government
587
shall, if elected from districts, be residents of the council district from which they are elected.
588
(2) (a) Each person seeking to become a candidate for a municipal office shall file a
589
declaration of candidacy in person with the city recorder or town clerk during office hours and not
590
later than 5 p.m. between July 15 and August 15 of any odd numbered year and pay the filing fee,
591
if one is required by municipal ordinance.
592
(b) Any resident of a municipality may nominate a candidate for a municipal office by
593
filing a nomination petition with the city recorder or town clerk during office hours but not later
594
than 5 p.m. between July 15 and August 15 of any odd numbered year and pay the filing fee, if
595
one is required by municipal ordinance.
596
(c) When August 15 is a Saturday or Sunday, the filing time shall be extended until 5 p.m.
597
on the following Monday.
598
(3) (a) Before the filing officer may accept any declaration of candidacy or nomination
599
petition, the filing officer shall:
600
(i) read to the prospective candidate or person filing the petition the constitutional and
601
statutory qualification requirements for the office that the candidate is seeking; and
602
(ii) require the candidate or person filing the petition to state whether or not the candidate
603
meets those requirements.
604
(b) If the prospective candidate does not meet the qualification requirements for the office,
605
the filing officer may not accept the declaration of candidacy or nomination petition.
606
(c) If it appears that the prospective candidate meets the requirements of candidacy, the
607
filing officer shall accept the declaration of candidacy or nomination petition.
608
(4) The declaration of candidacy shall substantially comply with the following form:
609
"I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____,
610
County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a
611
registered voter; and that I am a candidate for the office of ____ (stating the term). I request that
612
my name be printed upon the applicable official ballots. (Signed) _______________
613
Subscribed and sworn to (or affirmed) before me by ____ on this ____ day of ____, 19__.
614
(Signed) _______________ (Clerk or [Notary Public] other officer qualified to administer
615
oath)"
616
(5) (a) Any registered voter may be nominated for municipal office by submitting a
617
petition signed by:
618
(i) 25 residents of the municipality who are at least 18 years old; or
619
(ii) 20% of the residents of the municipality who are at least 18 years old.
620
(b) (i) The petition shall substantially conform to the following form:
621
"NOMINATION PETITION
622
The undersigned residents of (name of municipality) being 18 years old or older nominate
623
(name of nominee) to the office of ____ for the (two or four-year term, whichever is applicable)."
624
(ii) The remainder of the petition shall contain lines and columns for the signatures of
625
persons signing the petition and their addresses and telephone numbers.
626
(c) If the declaration of candidacy or nomination petition fails to state whether the
627
nomination is for the two or four-year term, the clerk shall consider the nomination to be for the
628
four-year term.
629
(d) (i) The clerk shall verify with the county clerk that all candidates are registered voters.
630
(ii) Any candidate who is not registered to vote is disqualified and the clerk may not print
631
the candidate's name on the ballot.
632
(6) Immediately after expiration of the period for filing a declaration of candidacy, the
633
clerk shall:
634
(a) cause the names of the candidates as they will appear on the ballot to be published in
635
at least two successive publications of a newspaper with general circulation in the municipality;
636
and
637
(b) notify the lieutenant governor of the names of the candidates as they will appear on the
638
ballot.
639
(7) (a) A declaration of candidacy or nomination petition filed under this section is valid
640
unless a written objection is filed with the clerk within five days after the last day for filing.
641
(b) If an objection is made, the clerk shall:
642
(i) mail or personally deliver notice of the objection to the affected candidate immediately;
643
and
644
(ii) decide any objection within 48 hours after it is filed.
645
(c) If the clerk sustains the objection, the candidate may correct the problem by amending
646
the declaration or petition within three days after the objection is sustained or by filing a new
647
declaration within three days after the objection is sustained.
648
(d) (i) The clerk's decision upon objections to form is final.
649
(ii) The clerk's decision upon substantive matters is reviewable by a district court if prompt
650
application is made to the district court.
651
(iii) The decision of the district court is final unless the Supreme Court, in the exercise of
652
its discretion, agrees to review the lower court decision.
653
(8) Any person who filed a declaration of candidacy and was nominated, and any person
654
who was nominated by a nomination petition, may, any time up to 23 days before the election,
655
withdraw the nomination by filing a written affidavit with the clerk.
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