02-26 21:41 3rd Sub. (Cherry) H.B. 374
Keven J. Stratton proposes the following substitute bill:
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Signature Collection Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael L. Kohler
Senate Sponsor: Keven J. Stratton
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LONG TITLE
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General Description:
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This bill amends provisions related to nominations for elective office.
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Highlighted Provisions:
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This bill:
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▸ establishes a process for a voter to have the voter's signature removed from a petition to
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nominate a candidate of a registered political party that is not a qualified political party
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to elective office;
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▸ requires an election official to post on the lieutenant governor's website the name and date
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of signature of each voter who signs a nomination petition;
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▸ prohibits an election official from removing a voter's signature from a nomination petition
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if the election official has already verified the voter's signature;
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▸ requires an election official to notify the county or district attorney if a person whose
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signature appears on a nomination petition notifies the election official that the person
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did not sign the nomination petition;
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▸ describes deadlines and procedures related to the processes described above;
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▸ includes a coordination clause that adds an hourly deadline to Sections 20A-9-405 and
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20A-9-408 to reflect the time computation changes made in H.B. 299, Election Code
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Time Computation Revisions, if both bills pass and become law; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides a coordination clause.
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Utah Code Sections Affected:
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AMENDS:
3rd Sub. H.B. 374 3rd Sub. (Cherry) H.B. 374 02-26 21:41
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20A-9-403, as last amended by Laws of Utah 2024, Chapter 503
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20A-9-405, as last amended by Laws of Utah 2022, Chapter 325
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20A-9-406, as last amended by Laws of Utah 2022, Chapter 13
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20A-9-408, as last amended by Laws of Utah 2023, Chapter 116
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20A-9-502, as last amended by Laws of Utah 2024, Chapter 17
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Utah Code Sections affected by Coordination Clause:
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20A-9-405, as last amended by Laws of Utah 2022, Chapter 325
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20A-9-408, as last amended by Laws of Utah 2023, Chapter 116
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 20A-9-403 is amended to read:
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20A-9-403 . Regular primary elections.
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(1)(a) Candidates for elective office that are to be filled at the next regular general
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election shall be nominated in a regular primary election by direct vote of the people
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in the manner prescribed in this section. The regular primary election is held on the
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date specified in Section 20A-1-201.5. Nothing in this section shall affect a
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candidate's ability to qualify for a regular general election's ballot as an unaffiliated
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candidate under Section 20A-9-501 or to participate in a regular general election as a
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write-in candidate under Section 20A-9-601.
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(b) Each registered political party that chooses to have the names of the registered
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political party's candidates for elective office featured with party affiliation on the
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ballot at a regular general election shall comply with the requirements of this section
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and shall nominate the registered political party's candidates for elective office in the
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manner described in this section.
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(c) A filing officer may not permit an official ballot at a regular general election to be
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produced or used if the ballot denotes affiliation between a registered political party
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or any other political group and a candidate for elective office who is not nominated
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in the manner prescribed in this section or in Subsection 20A-9-202(4).
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(d) Unless noted otherwise, the dates in this section refer to those that occur in each
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even-numbered year in which a regular general election will be held.
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(2)(a) Each registered political party, in a statement filed with the lieutenant governor,
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shall:
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(i) either declare the registered political party's intent to participate in the next regular
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primary election or declare that the registered political party chooses not to have
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the names of the registered political party's candidates for elective office featured
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on the ballot at the next regular general election; and
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(ii) if the registered political party participates in the upcoming regular primary
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election, identify one or more registered political parties whose members may
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vote for the registered political party's candidates and whether individuals
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identified as unaffiliated with a political party may vote for the registered political
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party's candidates.
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(b)(i) A registered political party that is a continuing political party shall file the
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statement described in Subsection (2)(a) with the lieutenant governor no later than
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5 p.m. on November 30 of each odd-numbered year.
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(ii) An organization that is seeking to become a registered political party under
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Section 20A-8-103 shall file the statement described in Subsection (2)(a) at the
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time that the registered political party files the petition described in Section
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20A-8-103.
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(3)(a) Except as provided in Subsection (3)(e), an individual who submits a declaration
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of candidacy under Section 20A-9-202 shall appear as a candidate for elective office
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on the regular primary ballot of the registered political party listed on the declaration
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of candidacy only if the individual is certified by the appropriate filing officer as
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having submitted a nomination petition that was:
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(i) circulated and completed in accordance with Section 20A-9-405; and
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(ii) signed by at least 2% of the registered political party's members who reside in the
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political division of the office that the individual seeks.
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(b)(i) A candidate for elective office shall submit signatures for a nomination petition
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to the appropriate filing officer for verification and certification no later than 5
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p.m. on the final day in March.
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(ii) A candidate may supplement the candidate's submissions at any time on or before
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the filing deadline.
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(c)(i) The lieutenant governor shall determine for each elective office the total
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number of signatures that must be submitted under Subsection (3)(a)(ii) or
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20A-9-408(8) by counting the aggregate number of individuals residing in each
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elective office's political division who have designated a particular registered
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political party on the individuals' voter registration forms on or before November
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15 of each odd-numbered year.
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(ii) The lieutenant governor shall publish the determination for each elective office
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no later than November 30 of each odd-numbered year.
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(d) The filing officer shall:
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(i) except as otherwise provided in Section 20A-21-201, verify signatures on [
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nomination petitions] a nomination petition in a transparent and orderly manner,
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no later than 14 days after the day on which a candidate submits the signatures to
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the filing officer;
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(ii) for [all qualifying candidates for elective office who submit nomination petitions
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to the filing officer, issue certifications referenced] each qualifying candidate for
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elective office who submits a nomination petition to the filing officer, issue the
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certification described in Subsection (3)(a) no later than the deadline described in
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Subsection 20A-9-202(1)(b);
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(iii) consider [active and inactive voters eligible to sign nomination petitions] an
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active voter and inactive voter eligible to sign a nomination petition;
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(iv) consider an individual who signs a nomination petition a member of a registered
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political party for purposes of Subsection (3)(a)(ii) if the individual has designated [
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that] the registered political party as the individual's party membership on the
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individual's voter registration form;[ and]
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(v) except as otherwise provided in Section 20A-21-201 and with the assistance of
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the county clerk as applicable, use the procedures described in Section 20A-1-1002
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to verify submitted nomination petition signatures, or use statistical sampling
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procedures to verify submitted nomination petition signatures in accordance with
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rules made under Subsection (3)(f)[.] ; and
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(vi) except as provided in Subsection 20A-9-405(11), no later than five business days
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after the day on which the signature of an individual who signs a nomination
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petition is verified under Subsection (3)(d)(v), post the name and date of signature
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of the individual on the lieutenant governor's website, in a conspicuous location
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designated by the lieutenant governor, for at least 90 calendar days.
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(e) Notwithstanding any other provision in this Subsection (3), a candidate for lieutenant
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governor may appear on the regular primary ballot of a registered political party
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without submitting [nomination petitions] a nomination petition if the candidate files
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a declaration of candidacy and complies with Subsection 20A-9-202(3).
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(f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
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director of elections, within the Office of the Lieutenant Governor, may make rules
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that:
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(i) provide for the use of statistical sampling procedures that:
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(A) [filing officers are] each filing officer is required to use to verify signatures
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under Subsection (3)(d); and
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(B) reflect a bona fide effort to determine the validity of a candidate's entire
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submission, using widely recognized statistical sampling techniques; and
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(ii) provide for the transparent, orderly, and timely submission, verification, and
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certification of nomination petition signatures.
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(g) The county clerk shall:
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(i) review the declarations of candidacy filed by [candidates] each candidate for local
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boards of education to determine if more than two candidates have filed for the
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same seat;
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(ii) place the [names of all candidates who have filed] name of each candidate who
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filed a declaration of candidacy for a local board of education seat on the
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nonpartisan section of the ballot if more than two candidates have filed for the
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same seat; and
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(iii) determine the order of the local board of education candidates' names on the
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ballot in accordance with Section 20A-6-305.
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(4)(a) Before the deadline described in Subsection 20A-9-409(4)(c), the lieutenant
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governor shall provide to [the county clerks] each county clerk:
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(i) a list of the names of [all candidates] each candidate for federal, constitutional,
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multi-county, single county, and county [offices who have received certifications]
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office who has received a certification under Subsection (3)(a), along with
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instructions on how [those names] each name shall appear on the primary election
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ballot in accordance with Section 20A-6-305; and
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(ii) a list of [unopposed candidates for elective office who have] each unopposed
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candidate for elective office who has been nominated by a registered political
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party under Subsection (5)(c) and [instruct the county clerks] instructions to
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exclude the unopposed [candidates] candidate from the primary election ballot.
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(b) A candidate for lieutenant governor and a candidate for governor campaigning as
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joint-ticket running mates shall appear jointly on the primary election ballot.
161 (c) After the county clerk receives the certified list from the lieutenant governor under
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Subsection (4)(a), the county clerk shall post or publish a primary election notice in
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substantially the following form:
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"Notice is given that a primary election will be held Tuesday, June ____,
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________(year), to nominate party candidates for the parties and candidates for nonpartisan
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local school board positions listed on the primary ballot. The polling place for voting precinct
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____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
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Attest: county clerk."
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(5)(a) A candidate who, at the regular primary election, receives the highest number of
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votes cast for the office sought by the candidate is:
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(i) nominated for that office by the candidate's registered political party; or
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(ii) for a nonpartisan local school board position, nominated for that office.
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(b) If two or more candidates are to be elected to the office at the regular general
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election, those party candidates equal in number to positions to be filled who receive
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the highest number of votes at the regular primary election are the nominees of the
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candidates' party for those positions.
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(c)(i) As used in this Subsection (5)(c), a candidate is "unopposed" if:
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(A) no individual other than the candidate receives a certification under
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Subsection (3)(a) for the regular primary election ballot of the candidate's
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registered political party for a particular elective office; or
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(B) for an office where more than one individual is to be elected or nominated, the
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number of candidates who receive certification under Subsection (3)(a) for the
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regular primary election of the candidate's registered political party does not
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exceed the total number of candidates to be elected or nominated for that office.
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(ii) A candidate who is unopposed for an elective office in the regular primary
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election of a registered political party is nominated by the party for that office
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without appearing on the primary election ballot.
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(6) The expense of providing all ballots, blanks, or other supplies to be used at any primary
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election provided for by this section, and all expenses necessarily incurred in the
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preparation for or the conduct of that primary election shall be paid out of the treasury of
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the county or state, in the same manner as for the regular general elections.
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(7) An individual may not file a declaration of candidacy for a registered political party of
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which the individual is not a member, except to the extent that the registered political
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party permits otherwise under the registered political party's bylaws.
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The following section is affected by a coordination clause at the end of this bill.
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Section 2. Section 20A-9-405 is amended to read:
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20A-9-405 . Nomination petitions for regular primary elections.
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(1) This section applies to the form and circulation of nomination petitions for regular
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primary elections described in Subsection 20A-9-403(3)(a) and Section 20A-9-408.
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(2) A candidate for elective office, and the agents of the candidate, may not circulate
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nomination petitions until the candidate has submitted a declaration of candidacy in
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accordance with Subsection 20A-9-202(1).
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(3) For the manual candidate qualification process, the nomination petitions shall be in
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substantially the following form:
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(a) the petition shall be printed on paper 8-1/2 inches long and 11 inches wide;
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(b) the petition shall be ruled with a horizontal line 3/4 inch from the top, with the space
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above that line blank for purposes of binding;
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(c) the petition shall be headed by a caption stating the purpose of the petition and the
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name of the proposed candidate;
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(d) the petition shall feature the word "Warning" followed by the following statement in
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no less than eight-point, single leaded type: "It is a class A misdemeanor for anyone
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to knowingly sign a nomination petition with any name other than the person's own
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name, or more than once for the same candidate, or if the person is not registered to
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vote in this state.";
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(e) the petition shall feature 10 lines spaced one-half inch apart and consecutively
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numbered one through 10;
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(f) the signature portion of the petition shall be divided into columns headed by the
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following titles:
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(i) Registered Voter's Printed Name;
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(ii) Signature of Registered Voter;
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(iii) Party Affiliation of Registered Voter;
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(iv) Birth Date or Age (Optional);
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(v) Street Address, City, Zip Code; and
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(vi) Date of Signature; and
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(g) a photograph of the candidate may appear on the nomination petition.
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(4) For the electronic candidate qualification process, the lieutenant governor shall design
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an electronic form, using progressive screens, that includes:
228 (a) the following warning:
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"Warning: It is a class A misdemeanor for anyone to knowingly sign a nomination
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petition with any name other than the person's own name, or more than once for the same
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candidate, or if the person is not registered to vote in this state."; and
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(b) the following information for each individual who signs the petition:
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(i) name;
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(ii) party affiliation;
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(iii) date of birth or age, (optional);
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(iv) street address, city, zip code;
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(v) date of signature;
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(vi) other information required under Section 20A-21-201; and
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(vii) other information required by the lieutenant governor.
240 (5) For the manual candidate qualification process, if one or more nomination petitions are
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bound together, a page shall be bound to the nomination petition(s) that features the following
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printed verification statement to be signed and dated by the petition circulator:
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"Verification
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State of Utah, County of ____
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I, ____, of ____, hereby state that:
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I am a Utah resident and am at least 18 years old;
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All the names that appear on the signature sheets bound to this page were, to the best of
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my knowledge, signed by the persons who professed to be the persons whose names appear on
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the signature sheets, and each of them signed the person's name on the signature sheets in my
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presence;
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I believe that each has printed and signed the person's name and written the person's
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street address correctly, and that each signer is registered to vote in Utah."
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(6) The lieutenant governor shall prepare and make public model nomination petition forms
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and associated instructions.
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(7) A nomination petition circulator must be at least 18 years old and a resident of the state,
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but may affiliate with any political party.
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(8) It is unlawful for any person to:
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(a) knowingly sign the nomination petition described in this section or Section
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20A-9-408:
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(i) with any name other than the person's own name;
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(ii) more than once for the same candidate; or
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(iii) if the person is not registered to vote in this state;
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(b) sign the verification of a signature for a nomination petition if the person:
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(i) does not meet the residency requirements of Section 20A-2-105;
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(ii) has not witnessed the signing by those persons whose names appear on the
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nomination petition; or
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(iii) knows that a person whose signature appears on the nomination petition is not
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registered to vote in this state;
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(c) pay compensation to any person to sign a nomination petition; or
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(d) pay compensation to any person to circulate a nomination petition, if the
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compensation is based directly on the number of signatures submitted to a filing
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officer rather than on the number of signatures verified or on some other basis.
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(9) Any person violating Subsection (8) is guilty of a class A misdemeanor.
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(10) If a person whose signature appears on a nomination petition notifies a filing officer
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that the person did not sign the nomination petition, the filing officer shall, after making
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a reasonable attempt to determine the accuracy of the person's allegation, but no later
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than three business days after the day on which the allegation is received, notify the
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county or district attorney of:
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(a) the nature of the allegation; and
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(b) the name of, and available contact information for:
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(i) the person making the allegation; and
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(ii) the person who collected the signature.
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(11)(a) Except as provided in Subsection (12)(a), a voter who signs a nomination
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petition may have the voter's signature removed from the petition by, no later than
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three business days after the day on which the candidate files the petition with the
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appropriate filing officer, submitting to the filing officer a statement requesting that
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the voter's signature be removed.
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(b) A statement described in Subsection (11)(a) shall comply with the requirements
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described in Subsection 20A-1-1003(2).
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(c) The filing officer shall use the procedures described in Subsection 20A-1-1003(3) to
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determine whether to remove an individual's signature from a nomination petition
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after receiving a timely, valid statement requesting removal of the signature.
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(12)(a) A filing officer may not remove a voter's signature from a nomination petition if,
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before the date and time that the filing officer receives the statement described in
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Subsection (11)(a), the filing officer verifies the voter's signature under Subsection
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20A-9-403(3)(d)(v).
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(b) A filing officer who removes a voter's signature under Subsection (11) shall:
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(i) ensure that the voter's name and date of signature are not included in the posting
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described in Subsection 20A-9-403(3)(d)(vi); and
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(ii) remove the voter's signature from the nomination petition and the nomination
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petition signature totals.
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[(10) Withdrawal of petition signatures is prohibited.]
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Section 3. Section 20A-9-406 is amended to read:
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20A-9-406 . Qualified political party -- Requirements and exemptions.
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The following provisions apply to a qualified political party:
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(1) the qualified political party shall, no later than 5 p.m. on the first Monday of October of
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each odd-numbered year, certify to the lieutenant governor the identity of one or more
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registered political parties whose members may vote for the qualified political party's
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candidates and whether unaffiliated voters may vote for the qualified political party's
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candidates;
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(2) the following provisions do not apply to a nomination for the qualified political party:
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(a) Subsections 20A-9-403(1) through (3)(b) and (3)(d) through (4)(a); and
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(b) Subsection 20A-9-403(5)(c);[ and]
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[(c) Section 20A-9-405;]
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(3) an individual may only seek the nomination of the qualified political party by using a
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method described in Section 20A-9-407, Section 20A-9-408, or both;
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(4) the qualified political party shall comply with the provisions of Sections 20A-9-407,
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20A-9-408, and 20A-9-409;
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(5) notwithstanding Subsection 20A-6-301(1)(a), (1)(e), or (2)(a), each election officer shall
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ensure that a ballot described in Section 20A-6-301 includes each individual nominated
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by a qualified political party:
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(a) under the qualified political party's name , if any; or
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(b) under the title of the qualified registered political party as designated by the qualified
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political party in the certification described in Subsection (1), or, if none is
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designated, then under some suitable title;
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(6) notwithstanding Subsection 20A-6-302(1)(a), each election officer shall ensure, for
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ballots in regular general elections, that each candidate who is nominated by the
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qualified political party is listed by party;
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(7) notwithstanding Subsection 20A-6-304(1)(e), each election officer shall ensure that the
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party designation of each candidate who is nominated by the qualified political party is
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displayed adjacent to the candidate's name on a mechanical ballot;
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(8) "candidates for elective office," defined in Subsection 20A-9-101(1)(a), also includes an
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individual who files a declaration of candidacy under Section 20A-9-407 or 20A-9-408
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to run in a regular general election for a federal office, constitutional office, multicounty
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office, or county office;
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(9) an individual who is nominated by, or seeking the nomination of, the qualified political
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party is not required to comply with Subsection 20A-9-201(1)(c);
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(10) notwithstanding Subsection 20A-9-403(3), the qualified political party is entitled to
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have each of the qualified political party's candidates for elective office appear on the
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primary ballot of the qualified political party with an indication that each candidate is a
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candidate for the qualified political party;
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(11) notwithstanding Subsection 20A-9-403(4)(a), the lieutenant governor shall include on
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the list provided by the lieutenant governor to the county clerks:
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(a) the names of all candidates of the qualified political party for federal, constitutional,
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multicounty, and county offices; and
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(b) the names of unopposed candidates for elective office who have been nominated by
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the qualified political party and instruct the county clerks to exclude such candidates
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from the primary-election ballot;
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(12) notwithstanding Subsection 20A-9-403(5)(c), a candidate who is unopposed for an
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elective office in the regular primary election of the qualified political party is
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nominated by the party for that office without appearing on the primary ballot; and
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(13) notwithstanding the provisions of Subsections 20A-9-403(1) and (2) and Section
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20A-9-405, the qualified political party is entitled to have the names of its candidates for
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elective office featured with party affiliation on the ballot at a regular general election.
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The following section is affected by a coordination clause at the end of this bill.
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Section 4. Section 20A-9-408 is amended to read:
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20A-9-408 . Signature-gathering process to seek the nomination of a qualified
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political party -- Removal of signature.
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(1) This section describes the requirements for a member of a qualified political party who
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is seeking the nomination of the qualified political party for an elective office through
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the signature-gathering process described in this section.
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(2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of candidacy
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for a member of a qualified political party who is nominated by, or who is seeking the
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nomination of, the qualified political party under this section shall be substantially as
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described in Section 20A-9-408.5.
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(3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
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20A-9-202(4), a member of a qualified political party who, under this section, is seeking
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the nomination of the qualified political party for an elective office that is to be filled at
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the next general election shall:
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(a) during the declaration of candidacy filing period described in Section 20A-9-201.5,
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and before gathering signatures under this section, file with the filing officer on a
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form approved by the lieutenant governor a notice of intent to gather signatures for
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candidacy that includes:
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(i) the name of the member who will attempt to become a candidate for a registered
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political party under this section;
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(ii) the name of the registered political party for which the member is seeking
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nomination;
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(iii) the office for which the member is seeking to become a candidate;
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(iv) the address and telephone number of the member; and
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(v) other information required by the lieutenant governor;
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(b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy, in
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person, with the filing officer during the declaration of candidacy filing period
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described in Section 20A-9-201.5; and
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(c) pay the filing fee.
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(4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political party
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who, under this section, is seeking the nomination of the qualified political party for the
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office of district attorney within a multicounty prosecution district that is to be filled at
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the next general election shall:
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(a) during the declaration of candidacy filing period described in Section 20A-9-201.5,
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and before gathering signatures under this section, file with the filing officer on a
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form approved by the lieutenant governor a notice of intent to gather signatures for
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candidacy that includes:
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(i) the name of the member who will attempt to become a candidate for a registered
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political party under this section;
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(ii) the name of the registered political party for which the member is seeking
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nomination;
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(iii) the office for which the member is seeking to become a candidate;
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(iv) the address and telephone number of the member; and
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(v) other information required by the lieutenant governor;
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(b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy, in
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person, with the filing officer during the declaration of candidacy filing period
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described in Section 20A-9-201.5; and
- 12 - 02-26 21:41 3rd Sub. (Cherry) H.B. 374
403
(c) pay the filing fee.
404
(5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate who
405
files as the joint-ticket running mate of an individual who is nominated by a qualified
406
political party, under this section, for the office of governor shall, during the declaration
407
of candidacy filing period described in Section 20A-9-201.5, file a declaration of
408
candidacy and submit a letter from the candidate for governor that names the lieutenant
409
governor candidate as a joint-ticket running mate.
410
(6) The lieutenant governor shall ensure that the certification described in Subsection
411
20A-9-701(1) also includes the name of each candidate nominated by a qualified
412
political party under this section.
413
(7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who is
414
nominated by a qualified political party under this section, designate the qualified
415
political party that nominated the candidate.
416
(8) A member of a qualified political party may seek the nomination of the qualified
417
political party for an elective office by:
418
(a) complying with the requirements described in this section; and
419
(b) collecting signatures, on a form approved by the lieutenant governor that complies
420
with Subsection 20A-9-405(3), during the period beginning on the day on which the
421
member files a notice of intent to gather signatures and ending at 5 p.m. 14 days
422
before the day on which the qualified political party's convention for the office is
423
held, in the following amounts:
424
(i) for a statewide race, 28,000 signatures of registered voters in the state who are
425
permitted by the qualified political party to vote for the qualified political party's
426
candidates in a primary election;
427
(ii) for a congressional district race, 7,000 signatures of registered voters who are
428
residents of the congressional district and are permitted by the qualified political
429
party to vote for the qualified political party's candidates in a primary election;
430
(iii) for a state Senate district race, 2,000 signatures of registered voters who are
431
residents of the state Senate district and are permitted by the qualified political
432
party to vote for the qualified political party's candidates in a primary election;
433
(iv) for a state House district race, 1,000 signatures of registered voters who are
434
residents of the state House district and are permitted by the qualified political
435
party to vote for the qualified political party's candidates in a primary election;
436
(v) for a State Board of Education race, the lesser of:
- 13 - 3rd Sub. (Cherry) H.B. 374 02-26 21:41
437
(A) 2,000 signatures of registered voters who are residents of the State Board of
438
Education district and are permitted by the qualified political party to vote for
439
the qualified political party's candidates in a primary election; or
440
(B) 3% of the registered voters of the qualified political party who are residents of
441
the applicable State Board of Education district; and
442
(vi) for a county office race, signatures of 3% of the registered voters who are
443
residents of the area permitted to vote for the county office and are permitted by
444
the qualified political party to vote for the qualified political party's candidates in
445
a primary election.
446
(9)(a) This Subsection (9) applies only to the manual candidate qualification process.
447
(b) In order for a member of the qualified political party to qualify as a candidate for the
448
qualified political party's nomination for an elective office under this section, using
449
the manual candidate qualification process, the member shall:
450
(i) collect the signatures on a form approved by the lieutenant governor, using the
451
same circulation and verification requirements described in [Sections 20A-7-105
452
and 20A-7-204] Section 20A-9-405; and
453
(ii) submit the signatures to the election officer before 5 p.m. no later than 14 days
454
before the day on which the qualified political party holds the party's convention
455
to select candidates, for the elective office, for the qualified political party's
456
nomination.
457
(c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the
458
election officer shall, no later than the earlier of 14 days after the day on which the
459
election officer receives the signatures, or one day before the day on which the
460
qualified political party holds the convention to select a nominee for the elective
461
office to which the signature packets relate:
462
(i) check the name of each individual who completes the verification for a signature
463
packet to determine whether each individual is a resident of Utah and is at least 18
464
years old;
465
(ii) submit the name of each individual described in Subsection (9)(c)(i) who is not a
466
Utah resident or who is not at least 18 years old to the attorney general and the
467
county attorney;
468
(iii) with the assistance of the county clerk as applicable, determine whether each
469
signer is a registered voter who is qualified to sign the petition, using the same
470
method, described in Section 20A-1-1002, used to verify a signature on a petition;
- 14 - 02-26 21:41 3rd Sub. (Cherry) H.B. 374
471
and
472
(iv) certify whether each name is that of a registered voter who is qualified to sign the
473
signature packet.
474
(d) Except as provided in Subsection (11), an election officer shall, no later than five
475
business days after the day on which the signature of an individual who signs a
476
petition is verified under Subsection (9)(c)(iii), post the name and date of signature of
477
the individual on the lieutenant governor's website, in a conspicuous location
478
designated by the lieutenant governor, for at least 90 calendar days.
479
[(d)(i) A registered voter who physically signs a form under Subsections (8) and
480
(9)(b) may have the voter's signature removed from the form by, no later than
481
three business days after the day on which the member submits the signature form
482
to the election officer, submitting to the election officer a statement requesting
483
that the voter's signature be removed.]
484
[(ii) A statement described in Subsection (9)(d)(i) shall comply with the requirements
485
described in Subsection 20A-1-1003(2).]
486
[(iii) With the assistance of the county clerk as applicable, the election officer shall
487
use the procedures described in Subsection 20A-1-1003(3) to determine whether
488
to remove an individual's signature after receiving a timely, valid statement
489
requesting removal of the signature.]
490
(10)(a) This Subsection (10) applies only to the electronic candidate qualification
491
process.
492
(b) In order for a member of the qualified political party to qualify as a candidate for the
493
qualified political party's nomination for an elective office under this section, the
494
member shall, before 5 p.m. no later than 14 days before the day on which the
495
qualified political party holds the party's convention to select candidates, for the
496
elective office, for the qualified political party's nomination, collect signatures
497
electronically:
498
(i) in accordance with Section 20A-21-201; and
499
(ii) using progressive screens, in a format approved by the lieutenant governor, that
500
complies with Subsection 20A-9-405(4).
501
(c) Upon timely receipt of the signatures described in Subsections (8) and [(9)(b)] (10)(b),
502
the election officer shall, no later than the earlier of 14 days after the day on which
503
the election officer receives the signatures, or one day before the day on which the
504
qualified political party holds the convention to select a nominee for the elective
- 15 - 3rd Sub. (Cherry) H.B. 374 02-26 21:41
505
office to which the signature packets relate:
506
(i) check the name of each individual who completes the verification for a signature
507
to determine whether each individual is a resident of Utah and is at least 18 years
508
old; and
509
(ii) submit the name of each individual described in Subsection (10)(c)(i) who is not
510
a Utah resident or who is not at least 18 years old to the attorney general and the
511
county attorney.
512
(d) Except as provided in Subsection (11), an election officer shall, no later than five
513
business days after the day on which the signature of an individual who signs a
514
petition is verified under Section 20A-21-201, post the name and date of signature of
515
the individual on the lieutenant governor's website, in a conspicuous location
516
designated by the lieutenant governor, for at least 90 calendar days.
517
(11)(a) Except as provided in Subsection (12)(a), a registered voter who physically signs
518
a petition under Subsections (8) and (9)(b), or who electronically signs a petition
519
under Subsections (8) and (10)(b), may have the voter's signature removed from the
520
petition by, no later than three business days after the day on which the member of
521
the qualified political party submits the signatures to the election officer, submitting
522
to the election officer a statement requesting that the voter's signature be removed.
523
(b) A statement described in Subsection (11)(a) shall comply with the requirements
524
described in Subsection 20A-1-1003(2).
525
(c) With the assistance of the county clerk as applicable, the election officer shall use the
526
procedures described in Subsection 20A-1-1003(3) to determine whether to remove
527
an individual's signature from a petition after receiving a timely, valid statement
528
requesting removal of the signature.
529
(12)(a) An election officer may not remove a voter's signature from a petition if, before
530
the date and time that the election officer receives the statement described in
531
Subsection (11)(a), the election officer verifies the voter's signature under Subsection
532
(9)(c)(iii) or Section 20A-21-201.
533
(b) An election officer who removes a voter's signature under Subsection (11) shall:
534
(i) ensure that the voter's name and date of signature are not included in the posting
535
described in Subsection (9)(d) or (10)(d); and
536
(ii) remove the voter's signature from the signature packet and the signature packet
537
totals.
538
[(11)] (13)(a) An individual may not gather signatures under this section until after the
- 16 - 02-26 21:41 3rd Sub. (Cherry) H.B. 374
539
individual files a notice of intent to gather signatures for candidacy described in this
540
section.
541
(b) An individual who files a notice of intent to gather signatures for candidacy,
542
described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the
543
individual files the notice of intent to gather signatures for candidacy:
544
(i) required to comply with the reporting requirements that a candidate for office is
545
required to comply with; and
546
(ii) subject to the same enforcement provisions, and civil and criminal penalties, that
547
apply to a candidate for office in relation to the reporting requirements described
548
in Subsection [(11)(b)(i)] (13)(b)(i).
549
(c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), or
550
Subsections (8) and (10)(b), the election officer shall, no later than one day before the
551
day on which the qualified political party holds the convention to select a nominee
552
for the elective office to which the signature packets relate, notify the qualified
553
political party and the lieutenant governor of the name of each member of the
554
qualified political party who qualifies as a nominee of the qualified political party,
555
under this section, for the elective office to which the convention relates.
556
(d) Upon receipt of a notice of intent to gather signatures for candidacy described in this
557
section, the lieutenant governor shall post the notice of intent to gather signatures for
558
candidacy on the lieutenant governor's website in the same location that the
559
lieutenant governor posts a declaration of candidacy.
560
Section 5. Section 20A-9-502 is amended to read:
561
20A-9-502 . Certificate of nomination -- Contents -- Circulation -- Verification --
562
Criminal penalty -- Removal of petition signature.
563
(1) The candidate shall:
564 (a) prepare a certificate of nomination in substantially the following form:
565
"State of Utah, County of ______________________________________________
566
I, ______________, declare my intention of becoming an unaffiliated candidate for the
567
political group designated as ____ for the office of ____. I do solemnly swear that I can
568
qualify to hold that office both legally and constitutionally if selected, and that I reside at ____
569
Street, in the city of ____, county of ____, state of ______, zip code ____, phone ____, and
570
that I am providing, or have provided, the required number of holographic signatures of
571
registered voters required by law; that as a candidate at the next election I will not knowingly
572
violate any election or campaign law; that, if filing via a designated agent for an office other
- 17 - 3rd Sub. (Cherry) H.B. 374 02-26 21:41
573
than president of the United States, I will be out of the state of Utah during the entire candidate
574
filing period; I will file all campaign financial disclosure reports as required by law; and I
575
understand that failure to do so will result in my disqualification as a candidate for this office
576
and removal of my name from the ballot.
577
__________________________________________
578
Subscribed and sworn to before me this ______(month\day\year).
579
__________________________________________
580
Notary Public (or other officer
581
qualified to administer oaths)";
582
(b) for each signature packet, bind signature sheets to a copy of the certificate of
583
nomination and the circulator verification, that:
584
(i) are printed on sheets of paper 8-1/2 inches long and 11 inches wide;
585
(ii) are ruled with a horizontal line 3/4 inch from the top, with the space above that
586
line blank for the purpose of binding;
587
(iii) contain the name of the proposed candidate and the words "Unaffiliated
588
Candidate Certificate of Nomination Petition" printed directly below the
589
horizontal line;
590
(iv) contain the word "Warning" printed directly under the words described in
591
Subsection (1)(b)(iii);
592 (v) contain, to the right of the word "Warning," the following statement printed in not less than
593
eight-point, single leaded type:
594
"It is a class A misdemeanor for anyone to knowingly sign a certificate of nomination
595
signature sheet with any name other than the person's own name or more than once for the
596
same candidate or if the person is not registered to vote in this state and does not intend to
597
become registered to vote in this state before the county clerk certifies the signatures.";
598 (vi) contain the following statement directly under the statement described in Subsection
599
(1)(b)(v):
600
"Each signer says:
601
I have personally signed this petition with a holographic signature;
- 18 - 02-26 21:41 3rd Sub. (Cherry) H.B. 374
602
I am registered to vote in Utah or intend to become registered to vote in Utah before the
603
county clerk certifies my signature; and
604
My street address is written correctly after my name.";
605
(vii) contain horizontally ruled lines, 3/8 inch apart under the statement described in
606
Subsection (1)(b)(vi); and
607
(viii) be vertically divided into columns as follows:
608
(A) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide,
609
be headed with "For Office Use Only," and be subdivided with a light vertical
610
line down the middle;
611
(B) the next column shall be 2-1/2 inches wide, headed "Registered Voter's
612
Printed Name (must be legible to be counted)";
613
(C) the next column shall be 2-1/2 inches wide, headed "Holographic Signature of
614
Registered Voter";
615
(D) the next column shall be one inch wide, headed "Birth Date or Age
616
(Optional)";
617
(E) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
618
Code"; and
619
(F) at the bottom of the sheet, contain the following statement: "Birth date or age
620
information is not required, but it may be used to verify your identity with
621
voter registration records. If you choose not to provide it, your signature may
622
not be certified as a valid signature if you change your address before petition
623
signatures are certified or if the information you provide does not match your
624
voter registration records."; and
625 (c) bind a final page to one or more signature sheets that are bound together that contains,
626
except as provided by Subsection (3), the following printed statement:
627
"Verification
628
State of Utah, County of ____
629
I, _______________, of ____, hereby state that:
630
I am at least 18 years old;
631
All the names that appear on the signature sheets bound to this page were signed by
632
persons who professed to be the persons whose names appear on the signature sheets, and each
633
of them signed the person's name on the signature sheets in my presence;
634
I believe that each has printed and signed the person's name and written the person's
635
street address correctly, and that each signer is registered to vote in Utah or will register to
- 19 - 3rd Sub. (Cherry) H.B. 374 02-26 21:41
636
vote in Utah before the county clerk certifies the signatures on the signature sheet.
637
______________________________________________________________________
638
(Signature) (Residence Address) (Date)".
639
(2) An agent designated to file a certificate of nomination under Subsection 20A-9-503
640
(2)(b) or (4)(b) may not sign the form described in Subsection (1)(a).
641
(3)(a) The candidate shall circulate the nomination petition and ensure that the person in
642
whose presence each signature sheet is signed:
643
(i) is at least 18 years old; and
644
(ii) verifies each signature sheet by completing the verification bound to one or more
645
signature sheets that are bound together.
646
(b) A person may not sign the circulator verification if the person signed a signature
647
sheet bound to the verification.
648
(4)(a) It is unlawful for any person to:
649
(i) knowingly sign a certificate of nomination signature sheet:
650
(A) with any name other than the person's own name;
651
(B) more than once for the same candidate; or
652
(C) if the person is not registered to vote in this state and does not intend to
653
become registered to vote in this state before the county clerk certifies the
654
signatures; or
655
(ii) sign the verification of a certificate of nomination signature sheet if the person:
656
(A) has not witnessed the signing by those persons whose names appear on the
657
certificate of nomination signature sheet; or
658
(B) knows that a person whose signature appears on the certificate of nomination
659
signature sheet is not registered to vote in this state and does not intend to
660
become registered to vote in this state.
661
(b) Any person violating this Subsection (4) is guilty of a class A misdemeanor.
662
(c) If a person whose signature appears on a nomination petition notifies a county clerk
663
that the person did not sign the nomination petition, the county clerk shall, after
664
making a reasonable attempt to determine the accuracy of the person's allegation, but
665
no later than three business days after the day on which the allegation is received,
666
notify the county or district attorney of:
667
(i) the nature of the allegation; and
668
(ii) the name of, and available contact information for:
669
(A) the person making the allegation; and
- 20 - 02-26 21:41 3rd Sub. (Cherry) H.B. 374
670
(B) the person who collected the signature.
671
(5)(a) To qualify for placement on the general election ballot, the candidate shall, no
672
earlier than the start of the declaration of candidacy period described in Section
673
20A-9-201.5 and no later than 5 p.m. on June 15 of the year in which the election
674
will be held:
675
(i) comply with Subsection 20A-9-503(1); and
676
(ii) submit each signature packet to the county clerk where the majority of the
677
signatures in the packet were collected, with signatures totaling:
678
(A) at least 1,000 registered voters residing within the state when the nomination
679
is for an office to be filled by the voters of the entire state; or
680
(B) at least 300 registered voters residing within a political division or at least 5%
681
of the registered voters residing within a political division, whichever is less,
682
when the nomination is for an office to be filled by the voters of any political
683
division smaller than the state.
684
(b) A candidate has not complied with Subsection (5)(a)(ii), unless the county clerks
685
verify that each required signature is a valid signature of a registered voter who is
686
eligible to sign the signature packet and has not signed a signature packet to nominate
687
another candidate for the same office.
688
(c) In reviewing the signature packets, the county clerk shall count and certify only those
689
persons who signed with a holographic signature, who:
690
(i) are registered voters within the political division that the candidate seeks to
691
represent; and
692
(ii) did not sign any other certificate of nomination for that office.
693
(d) The county clerk shall count and certify the number of registered voters who validly
694
signed a signature packet, no later than 30 days after the day on which the candidate
695
submits the signature packet.
696
(e) The candidate may supplement the signatures or amend the certificate of nomination
697
or declaration of candidacy at any time on or before 5 p.m. on June 15 of the year in
698
which the election will be held.
699
(f) The county clerk shall use the procedures described in Section 20A-1-1002 to
700
determine whether a signer is a registered voter who is qualified to sign the signature
701
packet.
702
(6) Except as provided in Subsection (7), the county clerk shall, no later than five business
703
days after the day on which the signature of a voter who signs a signature packet is
- 21 - 3rd Sub. (Cherry) H.B. 374 02-26 21:41
704
verified under Subsection (5)(b), post the name and date of signature of the voter on the
705
lieutenant governor's website, in a conspicuous location designated by the lieutenant
706
governor, for at least 90 calendar days.
707
[(6)] (7)(a) [A] Except as provided in Subsection (8)(a), a voter who signs a signature
708
packet under this section may have the voter's signature removed from the signature
709
packet by, no later than three business days after the day on which the candidate
710
submits the signature packet to the county clerk, submitting to the county clerk a
711
statement requesting that the voter's signature be removed.
712
(b) A statement described in Subsection [(6)(a)] (7)(a) shall comply with the
713
requirements described in Subsection 20A-1-1003(2).
714
(c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to
715
determine whether to remove an individual's signature from a signature packet after
716
receiving a timely, valid statement requesting removal of the signature.
717
(8)(a) A county clerk may not remove a voter's signature from a petition packet if,
718
before the date and time that the county clerk receives the statement described in
719
Subsection (7)(a), the county clerk verifies the voter's signature under Subsection
720
(5)(b).
721
(b) A county clerk who removes a voter's signature under Subsection (7) shall:
722
(i) ensure that the voter's name and date of signature are not included in the posting
723
described in Subsection (6); and
724
(ii) remove the voter's signature from the signature packet and the signature packet
725
totals.
726
Section 6. Effective Date.
727
This bill takes effect on May 7, 2025.
728
Section 7. Coordinating H.B. 374 with H.B. 299.
729
If H.B. 374, Signature Collection Amendments, and H.B. 299, Election Code Time
730
Computation Revisions, both pass and become law, the Legislature intends that, on May 7,
731
2024:
732
(1) Subsection 20A-9-405(11)(a) enacted in H.B. 374 be amended to read:
733
"(a) Except as provided in Subsection (12)(a), a voter who signs a nomination petition
734
may have the voter's signature removed from the petition by, no later than 5 p.m. three
735
business days after the day on which the candidate files the petition with the appropriate filing
736
officer, submitting to the filing officer a statement requesting that the voter's signature be
737
removed."; and
- 22 - 02-26 21:41 3rd Sub. (Cherry) H.B. 374
738
(2) Subsection 20A-9-408(11)(a) enacted in H.B. 374 be amended to read:
739
"(a) Except as provided in Subsection (12)(a), a registered voter who physically signs a
740
petition under Subsections (8) and (9)(b), or who electronically signs a petition under
741
Subsections (8) and (10)(b), may have the voter's signature removed from the petition by, no
742
later than 5 p.m. three business days after the day on which the member of the qualified
743
political party submits the signatures to the election officer, submitting to the election officer a
744
statement requesting that the voter's signature be removed.".
- 23 -