20A-7-303.  Manual referendum process — Form of referendum petition and signature sheets.

(1)  This section applies only to the manual referendum process.

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 364 daysup to $2,500
For details, see Utah Code § 76-3-204

Terms Used In Utah Code 20A-7-303

  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • 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
  • Manual referendum process: means the process for gathering signatures for a referendum using paper signature packets that a signer physically signs. See Utah Code 20A-7-101
  • Process: means a writ or summons issued in the course of a judicial proceeding. See 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
  • Referendum packet: means a copy of the referendum petition, a copy of the law being submitted or referred to the voters for their approval or rejection, and the signature sheets, all of which have been bound together as a unit. See Utah Code 20A-7-101
  • Referendum petition: means :
    (a) as it relates to a statewide referendum, using the manual referendum process, the form described in Subsection 20A-7-303(2)(a), petitioning for submission of a law passed by the Legislature to legal voters for their approval or rejection;
    (b) as it relates to a statewide referendum, using the electronic referendum process, the form described in Subsection 20A-7-313(2), petitioning for submission of a law passed by the Legislature to legal voters for their approval or rejection;
    (c) as it relates to a local referendum, using the manual referendum process, the form described in Subsection 20A-7-603(2)(a), petitioning for submission of a local law to legal voters for their approval or rejection; or
    (d) as it relates to a local referendum, using the electronic referendum process, the form described in Subsection 20A-7-614(2), petitioning for submission of a local law to legal voters for their approval or rejection. See Utah Code 20A-7-101
  • 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
  • Signature sheets: means sheets in the form required by this chapter that are used under the manual initiative process or the manual referendum process to collect signatures in support of an initiative or referendum. See Utah Code 20A-7-101
  • Special election: means an election held as authorized by Section 20A-1-203. See Utah Code 20A-1-102
  • 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
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. 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
  • Voter: means an individual who:
    (a) meets the requirements for voting in an election;
    (b) meets the requirements of election registration;
    (c) is registered to vote; and
    (d) is listed in the official register book. See Utah Code 20A-1-102
    (2) 

    (a)  Each proposed referendum petition shall be printed in substantially the following form:
         “REFERENDUM PETITION To the Honorable ____, Lieutenant Governor:
         We, the undersigned citizens of Utah, respectfully order that Senate (or House) Bill No. ____, entitled (title of act, and, if the petition is against less than the whole act, set forth here the part or parts on which the referendum is sought), passed by the Legislature of the state of Utah during the ____ Session, be referred to the people of Utah for their approval or rejection at a regular general election or a statewide special election;
         Each signer says:
         I have personally signed this referendum petition;
         The date next to my signature correctly reflects the date that I actually signed the referendum petition;
         I have personally reviewed the entire statement included with this referendum packet;
         I am registered to vote in Utah; and
         My residence and post office address are written correctly after my name.”.

    (b)  The sponsors of a referendum or an agent of the sponsors shall attach a copy of the law that is the subject of the referendum to each referendum petition.

    (3)  Each referendum signature sheet shall:

    (a)  be printed on sheets of paper 8-1/2 inches long and 11 inches wide;

    (b)  be ruled with a horizontal line three-fourths inch from the top, with the space above that line blank for the purpose of binding;

    (c)  include the title of the referendum printed below the horizontal line, in at least 14-point, bold type;

    (d)  include a table immediately below the title of the referendum, and beginning .5 inch from the left side of the paper, as follows:

    (i)  the first column shall be .5 inch wide and include three rows;

    (ii)  the first row of the first column shall be .85 inch tall and contain the words “For Office Use Only” in 10-point type;

    (iii)  the second row of the first column shall be .35 inch tall;

    (iv)  the third row of the first column shall be .5 inch tall;

    (v)  the second column shall be 2.75 inches wide;

    (vi)  the first row of the second column shall be .35 inch tall and contain the words “Registered Voter‘s Printed Name (must be legible to be counted)” in 10-point type;

    (vii)  the second row of the second column shall be .5 inch tall;

    (viii)  the third row of the second column shall be .35 inch tall and contain the words “Street Address, City, Zip Code” in 10-point type;

    (ix)  the fourth row of the second column shall be .5 inch tall;

    (x)  the third column shall be 2.75 inches wide;

    (xi)  the first row of the third column shall be .35 inch tall and contain the words “Signature of Registered Voter” in 10-point type;

    (xii)  the second row of the third column shall be .5 inch tall;

    (xiii)  the third row of the third column shall be .35 inch tall and contain the words “Email Address (optional, to receive additional information)” in 10-point type;

    (xiv)  the fourth row of the third column shall be .5 inch tall;

    (xv)  the fourth column shall be one inch wide;

    (xvi)  the first row of the fourth column shall be .35 inch tall and contain the words “Date Signed” in 10-point type;

    (xvii)  the second row of the fourth column shall be .5 inch tall;

    (xviii)  the third row of the fourth column shall be .35 inch tall and contain the words “Birth Date or Age (optional)” in 10-point type;

    (xix)  the fourth row of the third column shall be .5 inch tall; and

    (xx)  the fifth row of the entire table shall be the width of the entire table, .4 inch tall, and contain the following words “By signing this referendum petition, you are stating that you have read and understand the law that this referendum petition seeks to overturn.” in 12-point type;

    (e)  the table described in Subsection (3)(d) shall be repeated, leaving sufficient room at the bottom of the sheet for the information described in Subsection (3)(f); and

    (f)  at the bottom of the sheet, include the word “Warning,” in 12-point, bold type, followed by the following statement in not less than eight-point type:
         “It is a class A misdemeanor for an individual to sign a referendum petition with a name other than the individual’s own name, or to knowingly sign the individual’s name more than once for the same referendum petition, or to sign a referendum petition when the individual knows that the individual is not a registered voter.
         Birth date or age information is not required, but it may be used to verify your identity with voter registration records. If you choose not to provide it, your signature may not be verified as a valid signature if you change your address before petition signatures are verified or if the information you provide does not match your voter registration records.”

    (4)  The final page of each referendum packet shall contain the following printed or typed statement:
         Verification of signature collector
         State of Utah, County of ____
         I, _______________, of ____, hereby state, under penalty of perjury, that:
         I am a Utah resident and am at least 18 years old;
         All the names that appear in this referendum packet were signed by individuals who professed to be the individuals whose names appear in it, and each of the individuals signed the individual’s name on it in my presence;
         I did not knowingly make a misrepresentation of fact concerning the law this petition seeks to overturn;
         I believe that each individual has printed and signed the individual’s name and written the individual’s post office address and residence correctly, that each signer has read and understands the law that the referendum seeks to overturn, and that each signer is registered to vote in Utah.
         Each individual who signed the referendum packet wrote the correct date of signature next to the individual’s name.
         I have not paid or given anything of value to any individual who signed this referendum packet to encourage that individual to sign it.
    ________________________________________________________________________
         (Name)      (Residence Address) (Date).

    (5)  If the forms described in this section are substantially followed, the referendum petitions are sufficient, notwithstanding clerical and merely technical errors.

    (6)  An individual’s status as a resident, under Subsection (4), is determined in accordance with Section 20A-2-105.

    Amended by Chapter 107, 2023 General Session