This section applies to the electronic initiative process.
Terms Used In Utah Code 20A-7-515
Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
Electronic initiative process: means :
(a)
as it relates to a statewide initiative, the process, described in Sections 20A-7-215 and 20A-21-201, for gathering signatures; or
Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Utah Code 20A-1-102
Initiative: means a new law proposed for adoption by the public as provided in this chapter. See Utah Code 20A-7-101
Initiative application: means :
(a)
for a statewide initiative, an application described in Subsection 20A-7-202(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-202(2); or
(b)
for a local initiative, an application described in Subsection 20A-7-502(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-502(2). See Utah Code 20A-7-101
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Legal voter: means an individual who is registered to vote in Utah. See Utah Code 20A-7-101
Local clerk: means the county clerk, city recorder, or town clerk in whose jurisdiction a local initiative or referendum petition is circulated. See Utah Code 20A-7-101
Municipal general election: means the election held in municipalities and, as applicable, special districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202. See Utah Code 20A-1-102
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Resident: means a person who resides within a specific voting precinct in Utah. See Utah Code 20A-1-102
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Sponsors: means the legal voters who support the initiative or referendum and who sign the initiative application or referendum application. See Utah Code 20A-7-101
A Utah voter may sign a local initiative petition if the voter is a legal voter and resides in the local jurisdiction.
(3)
The sponsors shall ensure that the signature-gatherer who collects a signature from an individual:
(a)
verifies that the individual is at least 18 years old and meets the residency requirements of Section 20A-2-105; and
(b)
is informed that each signer is required to read and understand the law proposed by the initiative.
(4)
(a)
A voter who signs an initiative petition may have the voter’s signature removed from the initiative petition by submitting to the county clerk a statement requesting that the voter’s signature be removed before 5 p.m. no later than the earlier of:
(i)
30 days after the day on which the voter signs the signature removal statement;
(ii)
90 days after the day on which the local clerk posts the voter’s name under Subsection 20A-7-516(4);
(iii)
316 days after the day on which the initiative application is filed; or
(iv)
(A)
for a county initiative, April 15 immediately before the next regular general election immediately after the initiative application is filed under Section 20A-7-502; or
(B)
for a municipal initiative, April 15 immediately before the next municipal general election immediately after the initiative application is filed under Section 20A-7-502.
(b)
The statement described in Subsection (4)(a) shall include:
(i)
the name of the voter;
(ii)
the resident address at which the voter is registered to vote;
(iii)
the signature of the voter; and
(iv)
the date of the signature described in Subsection (4)(b)(iii).
(c)
To increase the likelihood of the voter’s signature being identified and removed, the statement described in Subsection (4)(a) may include the voter’s birth date or age.
(d)
A voter may not submit a signature removal statement described in Subsection (4)(a) by email or other electronic means, unless the lieutenant governor establishes a signature removal process that is consistent with the requirements of this section and Section 20A-21-201.
(e)
A person may only remove an electronic signature from an initiative petition in accordance with this section.
(f)
A county clerk shall analyze a holographic signature, for purposes of removing an electronic signature from an initiative petition, in accordance with Subsection 20A-1-1003(3).
Amended by Chapter 107, 2023 General Session Amended by Chapter 116, 2023 General Session
