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
Legal voter: means an individual who is registered to vote in Utah. 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 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
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 referendum petition if the voter is a legal voter.
(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 that is the subject of the referendum petition.
(4)
A voter who signs a referendum petition may have the voter’s signature removed from the referendum 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:
(a)
30 days after the day on which the voter signs the statement requesting removal; or
(b)
45 days after the day on which the lieutenant governor posts the voter’s name under Subsection 20A-7-315(4).
(5)
(a)
The statement described in Subsection (4) 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 (5)(a)(iii).
(b)
To increase the likelihood of the voter’s signature being identified and removed, the statement described in Subsection (4) may include the voter’s birth date or age.
(c)
A voter may not submit a signature removal statement described in Subsection (4) 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.
(d)
A person may only remove an electronic signature from a referendum petition in accordance with this section.
(e)
A county clerk shall analyze a holographic signature, for purposes of removing an electronic signature from a referendum petition, in accordance with Subsection 20A-1-1003(3).
Amended by Chapter 107, 2023 General Session Amended by Chapter 116, 2023 General Session
