Utah Code 20A-7-104. Signature gatherers — Payments — Badges — Information — Requirement to provide initiative or referendum for review

20A-7-104. Signature gatherers — Payments — Badges — Information — Requirement to provide initiative or referendum for review.

(1)	A person may not pay a person to gather signatures under this chapter based on a rate per signature, on a rate per verified signature, or on the initiative or referendum qualifying for the ballot.

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:

Class	Prison	Fine
class B misdemeanor	up to 6 months	up to $1,000

For details, see Utah Code § 76-3-204

Terms Used In Utah Code 20A-7-104

Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. 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
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
Person: means :Utah Code 68-3-12.5
Referendum: means a process by which a law passed by the Legislature or by a local legislative body is submitted or referred to the voters for their approval or rejection. See Utah Code 20A-7-101
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Verified: means acknowledged by the person circulating the petition as required in Section 20A-7-105. See Utah Code 20A-7-101

(2) A person that pays a person to gather signatures under this section shall base the payment solely on an hourly rate.

(3)	A person may not accept payment made in violation of this section.

(4)

An individual who is paid to gather signatures for a petition described in this chapter shall, while gathering signatures, wear a badge on the front of the individual’s torso that complies with the following, ensuring that the information on the badge is clearly visible to the individual from whom a signature is sought:

(a)	the badge shall be printed in black ink on white cardstock and laminated; and

(b)

the information on the badge shall be in at least 24-point type and include the following information:

(i)

an identification number that is unique to the individual gathering signatures, assigned by:

(A)	for a statewide initiative or referendum, the lieutenant governor; or

(B)	for a local initiative or referendum, the local clerk;

(ii)	the title of the initiative or referendum;

(iii)

the words “Paid Signature Gatherer”; and

(iv)	the name of the entity paying the signature gatherer.

(5)

Except as provided in Subsection (6)(b), an individual who gathers signatures under this chapter shall provide a paper document to each individual who signs the petition that:

(a)	is printed in black ink on white paper, white cardstock, or a white sticker, in at least 12-point type; and

(b)

(i)

for an initiative, includes the name of the initiative and the following statement:
“You may view the initiative, its fiscal impact, and information on removing your signature from the petition at [list a uniform resource locator that links directly to the information described in Section 20A-7-202.7 or 20A-7-502.6, as applicable].”; or

(ii)

for a referendum, includes the name of the referendum and the following statement:
“You may view the referendum and information on removing your signature from the petition at [list a uniform resource locator that links directly to the information described in Section 20A-7-304.5 or 20A-7-604.5, as applicable].”

(6)

An individual who gathers signatures under this chapter:

(a)	shall, before collecting a signature from an individual, present to the individual a printed or digital copy of the initiative or referendum and wait for the individual to read the initiative or referendum; and

(b)	is not required to provide the document described in Subsection (5) if, after the individual offers to provide the document, the individual who signs the petition declines to accept the document.

(7)	A person who violates this section is guilty of a class B misdemeanor.

Enacted by Chapter 418, 2021 General Session