20A-7-312.  Misconduct of electors and officers — Penalty.

(1)  It is unlawful for any person to:

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-7-312

  • 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
  • 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
  • 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
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • 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
    (a)  sign any name other than the person’s own to a referendum petition;

    (b)  knowingly sign the person’s name more than once for the same referendum petition at one election;

    (c)  knowingly indicate that a person who signed a referendum petition signed the referendum petition on a date other than the date that the person signed the petition;

    (d)  sign a referendum petition knowing the person is not a legal voter; or

    (e)  knowingly and willfully violate any provision of this part.
  • (2)  It is unlawful for any person to sign the verification for a referendum packet, or to electronically sign the verification for a signature under Subsection 20A-21-201(9) knowing that:

    (a)  the person does not meet the residency requirements of Section 20A-2-105;

    (b)  the signature date associated with the person’s signature for the referendum petition is not the date that the person signed the referendum petition;

    (c)  the person has not witnessed the signatures of those persons whose signatures the person collects or submits; or

    (d)  one or more individuals who sign the referendum petition are not registered to vote in Utah.

    (3)  It is unlawful for any person to:

    (a)  pay a person to sign a referendum petition;

    (b)  pay a person to remove the person’s signature from a referendum petition;

    (c)  accept payment to sign a referendum petition; or

    (d)  accept payment to have the person’s name removed from a referendum petition.

    (4)  Any person violating this section is guilty of a class A misdemeanor.

    Amended by Chapter 107, 2023 General Session