02-07 17:11 H.B. 458
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Candidate Petition Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lisa Shepherd
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill amends provisions related to ballot access.
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Highlighted Provisions:
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This bill:
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▸ for a candidate for elective office seeking the nomination of a political party by manually
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gathering the signatures of registered voters on a nomination petition:
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● prohibits a county clerk from verifying the signature of a voter if the county clerk is
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not the county clerk of the voter's residence; and
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● if an elective office's political division crosses the boundary of two or more counties,
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requires the county clerk to verify each signature and to certify the total number of
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verified signatures to the lieutenant governor;
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▸ for an elective office described above, requires the lieutenant governor to:
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● count the verified signatures received from each county clerk where the candidate
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submitted signatures for verification; and
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● if the total number of signatures is sufficient for the candidate to qualify for placement
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on the ballot, certify the signatures;
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▸ implements the signature verification and certification processes described above for a
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candidate who is not affiliated with a political party;
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▸ amends the form of a nomination petition to specify that only a registered voter of the
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county where a candidate will submit signatures for verification is eligible to have the
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voter's signature verified;
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▸ establishes and amends deadlines relating to signature verification and certification of a
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petition described above; 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:
H.B. 458 H.B. 458 02-07 17:11
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This bill provides a special effective date.
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Utah Code Sections Affected:
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AMENDS:
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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-9-408, 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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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)] (3)(h), an individual who submits a
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declaration of candidacy under Section 20A-9-202 shall appear as a candidate for
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elective office on the regular primary ballot of the registered political party listed on
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the declaration of candidacy only if the individual is certified by the appropriate
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filing officer as 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] county clerk for verification and certification no
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later than 5 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 county clerk shall:
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(i) consider an active and inactive voter eligible to sign a nomination petition;
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(ii) 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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the registered political party as the individual's party membership on the
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individual's voter registration form;
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(iii) except as otherwise provided in Section 20A-21-201 or Subsection (3)(e):
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(A) verify signatures on a nomination petition in a transparent and orderly
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manner, no later than 14 days after the day on which a candidate submits the
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signatures to the county clerk; and
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(B) use the procedures described in Section 20A-1-1002 to verify each submitted
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nomination petition signature, or use statistical sampling procedures to verify
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submitted nomination petition signatures in accordance with rules made under
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Subsection (3)(i); and
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(iv) except as provided in Subsection (3)(f), for each candidate who complies with
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the signature-gathering requirements described in Subsections (3)(a)(i) and (ii),
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issue to the candidate the certification described in Subsection (3)(a) no later than
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the deadline described in Subsection 20A-9-202(1)(b).
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(e) A county clerk may not verify the signature of an individual under Subsection
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(3)(d)(iii) if the county clerk is not the county clerk of the individual's county of
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residence.
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(f) In an election for a federal office, constitutional office, or multicounty office, the
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county clerk shall, instead of taking the action described in Subsection (3)(d)(iv):
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(i) count the number of verified nomination petition signatures submitted on behalf of
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the candidate; and
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(ii) no later than seven days before the day of the deadline described in Subsection
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20A-9-201(1)(b), certify the number of verified nomination petition signatures to
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the lieutenant governor.
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(g) For an election described in Subsection (3)(f) the lieutenant governor shall, upon
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receiving the certification described in Subsection (3)(f)(ii) from the county clerk of
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each county where the candidate submitted signatures for verification:
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(i) add together the number of nomination petition signatures verified by each county
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clerk; and
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(ii) if the aggregate amount of signatures is equal to or more than the total number of
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signatures required for the candidate to qualify for placement on the regular
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primary ballot under Subsection (3)(c)(i), issue to the candidate the certification
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described in Subsection (3)(a) no later than the deadline described in Subsection
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20A-9-201(1)(b).
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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 in a transparent and orderly manner, no later than 14 days
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after the day on which a candidate submits the signatures to 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 in Subsection (3)(a) no later
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than the deadline described in Subsection 20A-9-202(1)(b);]
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[(iii) consider active and inactive voters eligible to sign nomination petitions;]
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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 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).]
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[(e)] (h) Notwithstanding any other provision in this Subsection (3), a candidate for
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lieutenant governor may appear on the regular primary ballot of a registered political
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party without submitting nomination petitions if the candidate files a declaration of
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candidacy and complies with Subsection 20A-9-202(3).
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[(f)] (i) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
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the director of elections, within the Office of the Lieutenant Governor, may make
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rules that:
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(i) provide for the use of statistical sampling procedures that:
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(A) [filing officers are] each county clerk is required to use to verify signatures
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under Subsection (3)(d)(iii); 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)] (j) The county clerk shall:
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(i) review the declarations of candidacy filed by candidates for local boards of
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education to determine if more than two candidates have filed for the same seat;
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(ii) place the names of all candidates who have filed a declaration of candidacy for a
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local board of education seat on the nonpartisan section of the ballot if more than
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two candidates have filed for the 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.
189 (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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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).
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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] , the name of the proposed candidate, and the county
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from which signatures should be collected;
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(d) the petition shall feature the words:
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(i) "Warning" followed by the following statement in no less than eight-point, single
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leaded type: "It is a class A misdemeanor for anyone to knowingly sign a
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nomination petition with any name other than the person's own name, or more
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than once for the same candidate, or if the person is not registered to vote in this
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state."; and
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(ii) "Notice" followed by the following statement in no less than eight-point, single
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leaded type: "Only a registered voter who is a resident of [insert name of county]
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County is eligible to sign this nomination petition.";
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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) County of Residence; and
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[(vi)] (vii) 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:
261 (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.
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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] county clerk rather than on the number of signatures verified or on some other
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basis.
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(9) Any person violating Subsection (8) is guilty of a class A misdemeanor.
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(10) Withdrawal of petition signatures is prohibited.
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Section 3. 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
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(c) pay the filing fee.
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(5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate who
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files as the joint-ticket running mate of an individual who is nominated by a qualified
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political party, under this section, for the office of governor shall, during the declaration
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of candidacy filing period described in Section 20A-9-201.5, file a declaration of
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candidacy and submit a letter from the candidate for governor that names the lieutenant
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governor candidate as a joint-ticket running mate.
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(6) The lieutenant governor shall ensure that the certification described in Subsection
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20A-9-701(1) also includes the name of each candidate nominated by a qualified
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political party under this section.
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(7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who is
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nominated by a qualified political party under this section, designate the qualified
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political party that nominated the candidate.
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(8) A member of a qualified political party may seek the nomination of the qualified
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political party for an elective office by:
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(a) complying with the requirements described in this section; and
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(b) collecting signatures, on a form approved by the lieutenant governor that complies
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with Subsection 20A-9-405(3), during the period beginning on the day on which the
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member files a notice of intent to gather signatures and ending at 5 p.m. [14] 21 days
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before the day on which the qualified political party's convention for the office is
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held, in the following amounts:
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(i) for a statewide race, 28,000 signatures of registered voters in the state who are
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permitted by the qualified political party to vote for the qualified political party's
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candidates in a primary election;
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(ii) for a congressional district race, 7,000 signatures of registered voters who are
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residents of the congressional district and are permitted by the qualified political
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party to vote for the qualified political party's candidates in a primary election;
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(iii) for a state Senate district race, 2,000 signatures of registered voters who are
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residents of the state Senate district and are permitted by the qualified political
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party to vote for the qualified political party's candidates in a primary election;
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(iv) for a state House district race, 1,000 signatures of registered voters who are
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residents of the state House district and are permitted by the qualified political
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party to vote for the qualified political party's candidates in a primary election;
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(v) for a State Board of Education race, the lesser of:
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(A) 2,000 signatures of registered voters who are residents of the State Board of
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Education district and are permitted by the qualified political party to vote for
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the qualified political party's candidates in a primary election; or
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(B) 3% of the registered voters of the qualified political party who are residents of
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the applicable State Board of Education district; and
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(vi) for a county office race, signatures of 3% of the registered voters who are
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residents of the area permitted to vote for the county office and are permitted by
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the qualified political party to vote for the qualified political party's candidates in
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a primary election.
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(9)(a) This Subsection (9) applies only to the manual candidate qualification process.
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(b) In order for a member of the qualified political party to qualify as a candidate for the
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qualified political party's nomination for an elective office under this section, using
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the manual candidate qualification process, the member shall:
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(i) collect [the signatures] signatures of registered voters on a form approved by the
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lieutenant governor, using the same circulation and verification requirements
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described in [Sections 20A-7-105 and 20A-7-204] Section 20A-9-405; and
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(ii) submit [the signatures to the election officer] each signature to the county clerk of
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the registered voter's county of residence before 5 p.m. no later than [14] 21 days
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before the day on which the qualified political party holds the party's convention
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to select candidates, for the elective office, for the qualified political party's
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nomination.
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(c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the [
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election officer] county clerk shall, no later than the earlier of 14 days after the day on
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which the [election officer] county clerk receives the signatures, or [one day] seven
414
days before the day on which the qualified political party holds the convention to
415
select a nominee for the elective office to which the signature packets relate:
416
(i) check the name of each individual who completes the verification for a signature
417
packet to determine whether each individual is a resident of Utah and is at least 18
418
years old;
419
(ii) submit the name of each individual described in Subsection (9)(c)(i) who is not a
420
Utah resident or who is not at least 18 years old to the attorney general and the
421
county attorney;
422
(iii) [with the assistance of the county clerk as applicable] except as provided in
423
Subsection (9)(d), determine whether each signer is a registered voter who is
424
qualified to sign the petition, using the same method, described in Section
425
20A-1-1002, used to verify a signature on a petition; and
426
(iv) except as provided in Subsection (9)(e), certify whether each name is that of a
427
registered voter who is qualified to sign the signature packet.
428
(d) A county clerk may not verify the signature of a voter under Subsection (9)(c)(iii) if
429
the county clerk is not the county clerk of the voter's county of residence.
430
(e) In an election for a federal office, constitutional office, or multicounty office, the
431
county clerk shall, instead of taking the action described in Subsection (9)(c)(iv):
432
(i) count the number of verified petition signatures submitted on behalf of the
433
candidate; and
434
(ii) no later than seven days before the day of the convention described in Subsection
435
(9)(c), certify the number of verified petition signatures to the lieutenant governor.
436
(f) For an election described in Subsection (9)(e) the lieutenant governor shall, upon
437
receiving the certification described in Subsection (9)(e)(ii) from the county clerk of
438
each county where the candidate submitted signatures for verification:
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439
(i) add together the number of signatures verified by each county clerk; and
440
(ii) if the aggregate amount of signatures is equal to or more than the total number of
441
signatures required for the candidate to qualify for placement on the regular
442
primary ballot under Subsection (8), certify the signatures no later than one day
443
before the day of the convention described in Subsection (9)(c).
444
[(d)] (g)(i) A registered voter who physically signs a form under Subsections (8) and
445
(9)(b) may have the voter's signature removed from the form by, no later than
446
three business days after the day on which the member submits the signature form
447
to the [election officer] county clerk, submitting to the [election officer] county
448
clerk a statement requesting that the voter's signature be removed.
449
(ii) A statement described in Subsection [(9)(d)(i)] (9)(g)(i) shall comply with the
450
requirements described in Subsection 20A-1-1003(2).
451
(iii) [With the assistance of the county clerk as applicable, the election officer] The
452
county clerk shall use the procedures described in Subsection 20A-1-1003(3) to
453
determine whether to remove an individual's signature after receiving a timely,
454
valid statement requesting removal of the signature.
455
(10)(a) This Subsection (10) applies only to the electronic candidate qualification
456
process.
457
(b) In order for a member of the qualified political party to qualify as a candidate for the
458
qualified political party's nomination for an elective office under this section, the
459
member shall, before 5 p.m. no later than [14] 21 days before the day on which the
460
qualified political party holds the party's convention to select candidates, for the
461
elective office, for the qualified political party's nomination, collect signatures
462
electronically:
463
(i) in accordance with Section 20A-21-201; and
464
(ii) using progressive screens, in a format approved by the lieutenant governor, that
465
complies with Subsection 20A-9-405(4).
466
(c) Upon timely receipt of the signatures described in Subsections (8) and [(9)(b)] (10)(b),
467
the election officer shall, no later than the earlier of 14 days after the day on which
468
the election officer receives the signatures, or [one day] seven days before the day on
469
which the qualified political party holds the convention to select a nominee for the
470
elective office to which the signature packets relate:
471
(i) check the name of each individual who completes the verification for a signature
472
to determine whether each individual is a resident of Utah and is at least 18 years
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473
old; and
474
(ii) submit the name of each individual described in Subsection (10)(c)(i) who is not
475
a Utah resident or who is not at least 18 years old to the attorney general and the
476
county attorney.
477
(11)(a) An individual may not gather signatures under this section until after the
478
individual files a notice of intent to gather signatures for candidacy described in this
479
section.
480
(b) An individual who files a notice of intent to gather signatures for candidacy,
481
described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the
482
individual files the notice of intent to gather signatures for candidacy:
483
(i) required to comply with the reporting requirements that a candidate for office is
484
required to comply with; and
485
(ii) subject to the same enforcement provisions, and civil and criminal penalties, that
486
apply to a candidate for office in relation to the reporting requirements described
487
in Subsection (11)(b)(i).
488
(c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), or
489
Subsections (8) and (10)(b), the election officer shall, no later than one day before the
490
day on which the qualified political party holds the convention to select a nominee
491
for the elective office to which the signature packets relate, notify the qualified
492
political party and the lieutenant governor of the name of each member of the
493
qualified political party who qualifies as a nominee of the qualified political party,
494
under this section, for the elective office to which the convention relates.
495
(d) Upon receipt of a notice of intent to gather signatures for candidacy described in this
496
section, the lieutenant governor shall post the notice of intent to gather signatures for
497
candidacy on the lieutenant governor's website in the same location that the
498
lieutenant governor posts a declaration of candidacy.
499
Section 4. Section 20A-9-502 is amended to read:
500
20A-9-502 . Certificate of nomination -- Contents -- Circulation -- Verification --
501
Criminal penalty -- Removal of petition signature.
502
(1) The candidate shall:
503 (a) prepare a certificate of nomination in substantially the following form:
504
"State of Utah, County of ______________________________________________
505
I, ______________, declare my intention of becoming an unaffiliated candidate for the
506
political group designated as ____ for the office of ____. I do solemnly swear that I can
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507
qualify to hold that office both legally and constitutionally if selected, and that I reside at ____
508
Street, in the city of ____, county of ____, state of ______, zip code ____, phone ____, and
509
that I am providing, or have provided, the required number of holographic signatures of
510
registered voters required by law; that as a candidate at the next election I will not knowingly
511
violate any election or campaign law; that, if filing via a designated agent for an office other
512
than president of the United States, I will be out of the state of Utah during the entire candidate
513
filing period; I will file all campaign financial disclosure reports as required by law; and I
514
understand that failure to do so will result in my disqualification as a candidate for this office
515
and removal of my name from the ballot.
516
__________________________________________
517
Subscribed and sworn to before me this ______(month\day\year).
518
__________________________________________
519
Notary Public (or other officer
520
qualified to administer oaths)";
521
(b) for each signature packet, bind signature sheets to a copy of the certificate of
522
nomination and the circulator verification, that:
523
(i) are printed on sheets of paper 8-1/2 inches long and 11 inches wide;
524
(ii) are ruled with a horizontal line 3/4 inch from the top, with the space above that
525
line blank for the purpose of binding;
526
(iii) contain the name of the proposed candidate and the words "Unaffiliated
527
Candidate Certificate of Nomination Petition" printed directly below the
528
horizontal line;
529
(iv) contain the word "Warning" printed directly under the words described in
530
Subsection (1)(b)(iii);
531 (v) contain, to the right of the word "Warning," the following statement printed in not less than
532
eight-point, single leaded type:
533
"It is a class A misdemeanor for anyone to knowingly sign a certificate of nomination
534
signature sheet with any name other than the person's own name or more than once for the
535
same candidate or if the person is not registered to vote in this state and does not intend to
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536
become registered to vote in this state before the county clerk certifies the signatures.";
537
(vi) contain the word "Notice" printed directly under the words described in
538
Subsection (1)(b)(v);
539
(vii) contain, to the right of the word "Notice," the following statement printed in not
540
less than eight-point, single leaded type:
541
"Only a registered voter who is a resident of [insert name of county] County is
542
eligible to sign this nomination petition.";
543 [(vi)] (viii) contain the following statement directly under the statement described in
544
Subsection [(1)(b)(v)] (1)(b)(vii):
545
"Each signer says:
546
I have personally signed this petition with a holographic signature;
547
I am registered to vote in Utah or intend to become registered to vote in Utah before the
548
county clerk certifies my signature; and
549
My street address is written correctly after my name.";
550
[(vii)] (ix) contain horizontally ruled lines, 3/8 inch apart under the statement
551
described in Subsection [(1)(b)(vi)] (1)(b)(viii); and
552
[(viii)] (x) be vertically divided into columns as follows:
553
(A) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide,
554
be headed with "For Office Use Only," and be subdivided with a light vertical
555
line down the middle;
556
(B) the next column shall be [2-1/2] 2 inches wide, headed "Registered Voter's
557
Printed Name (must be legible to be counted)";
558
(C) the next column shall be [2-1/2] 2 inches wide, headed "Holographic Signature
559
of Registered Voter";
560
(D) the next column shall be one inch wide, headed "Birth Date or Age
561
(Optional)";
562
(E) the [final] next column shall be 4-3/8 inches wide, headed "Street Address,
563
City, Zip Code"; [and]
564
(F) the final column shall be one inch wide, headed "County of Residence"; and
565
[(F)] (G) at the bottom of the sheet, contain the following statement: "Birth date or
566
age information is not required, but it may be used to verify your identity with
567
voter registration records. If you choose not to provide it, your signature may
568
not be certified as a valid signature if you change your address before petition
569
signatures are certified or if the information you provide does not match your
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570
voter registration records."; and
571 (c) bind a final page to one or more signature sheets that are bound together that contains,572
except as provided by Subsection (3), the following printed statement:573
"Verification574
State of Utah, County of ____575
I, _______________, of ____, hereby state that:576
I am at least 18 years old;577
All the names that appear on the signature sheets bound to this page were signed by578
persons who professed to be the persons whose names appear on the signature sheets, and each579
of them signed the person's name on the signature sheets in my presence;580
I believe that each has printed and signed the person's name and written the person's581
street address correctly, and that each signer is registered to vote in Utah or will register to582
vote in Utah before the county clerk certifies the signatures on the signature sheet.583
______________________________________________________________________584
(Signature) (Residence Address) (Date)".
585
(2) An agent designated to file a certificate of nomination under Subsection 20A-9-503
586
(2)(b) or (4)(b) may not sign the form described in Subsection (1)(a).
587
(3)(a) The candidate shall circulate the nomination petition and ensure that the person in
588
whose presence each signature sheet is signed:
589
(i) is at least 18 years old; and
590
(ii) verifies each signature sheet by completing the verification bound to one or more
591
signature sheets that are bound together.
592
(b) A person may not sign the circulator verification if the person signed a signature
593
sheet bound to the verification.
594
(4)(a) It is unlawful for any person to:
595
(i) knowingly sign a certificate of nomination signature sheet:
596
(A) with any name other than the person's own name;
597
(B) more than once for the same candidate; or
598
(C) if the person is not registered to vote in this state and does not intend to
599
become registered to vote in this state before the county clerk certifies the
600
signatures; or
601
(ii) sign the verification of a certificate of nomination signature sheet if the person:
602
(A) has not witnessed the signing by those persons whose names appear on the
603
certificate of nomination signature sheet; or
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604
(B) knows that a person whose signature appears on the certificate of nomination
605
signature sheet is not registered to vote in this state and does not intend to
606
become registered to vote in this state.
607
(b) Any person violating this Subsection (4) is guilty of a class A misdemeanor.
608
(5)(a) To qualify for placement on the general election ballot, the candidate shall, no
609
earlier than the start of the declaration of candidacy period described in Section
610
20A-9-201.5 and no later than 5 p.m. on June 15 of the year in which the election
611
will be held:
612
(i) comply with Subsection 20A-9-503(1); [and]
613
(ii) [submit each signature packet to the county clerk where the majority of the
614
signatures in the packet were collected, with signatures ] collect signatures of
615
registered voters in an amount totaling:
616
(A) at least 1,000 registered voters residing within the state when the nomination
617
is for an office to be filled by the voters of the entire state; or
618
(B) at least 300 registered voters residing within a political division or at least 5%
619
of the registered voters residing within a political division, whichever is less,
620
when the nomination is for an office to be filled by the voters of any political
621
division smaller than the state[.] ; and
622
(iii) submit each registered voter's signature to the county clerk of the registered
623
voter's residence.
624
(b)(i) A candidate has not complied with Subsection (5)(a)(ii), unless [the county
625
clerks verify] the county clerk verifies that each required signature is a valid
626
signature of a registered voter who is eligible to sign the signature packet and has
627
not signed a signature packet to nominate another candidate for the same office.
628
(ii) Except as provided in Subsection (5)(b)(iii), the county clerk shall use the
629
procedures described in Section 20A-1-1002 to determine whether a signer is a
630
registered voter who is qualified to sign the signature packet.
631
(iii) The county clerk may not verify the signature of a registered voter if the county
632
clerk is not the county clerk of the registered voter's residence.
633
(c) In reviewing the signature packets, the county clerk shall count and certify only those
634
persons who signed with a holographic signature, who:
635
(i) are registered voters [within the political division that the candidate seeks to
636
represent] who reside within the county of the county clerk; and
637
(ii) did not sign any other certificate of nomination for that office.
- 19 - H.B. 458 02-07 17:11
638
(d) [The] Except as provided in Subsection (5)(f), the county clerk shall [count and ]
639
certify the number of registered voters who validly signed a signature packet, no later
640
than 30 days after the day on which the candidate submits the signature packet.
641
(e) The candidate may supplement the signatures or amend the certificate of nomination
642
or declaration of candidacy at any time on or before 5 p.m. on June 15 of the year in
643
which the election will be held.
644
[(f) The county clerk shall use the procedures described in Section 20A-1-1002 to
645
determine whether a signer is a registered voter who is qualified to sign the signature
646
packet.]
647
(f) In an election for a federal office, constitutional office, or multicounty office, the
648
county clerk shall, instead of taking the action described in Subsection (5)(d):
649
(i) count the number of verified signatures submitted on behalf of the candidate; and
650
(ii) no later than five business days after the day of the deadline described in
651
Subsection (5)(d), certify the number of verified signatures to the lieutenant
652
governor.
653
(g) For an election described in Subsection (5)(f) the lieutenant governor shall, upon
654
receiving the certification described in Subsection (5)(f)(ii) from the county clerk of
655
each county where the candidate submitted signatures for verification:
656
(i) add together the number of signatures verified by each county clerk; and
657
(ii) if the aggregate amount of signatures is equal to or more than the total number of
658
signatures required for the candidate to qualify for placement on the general
659
election ballot under Subsection (5)(a)(ii), certify the signatures no later than July
660
31 of the year in which the election will be held.
661
(6)(a) A voter who signs a signature packet under this section may have the voter's
662
signature removed from the signature packet by, no later than three business days
663
after the day on which the candidate submits the signature packet to the county clerk,
664
submitting to the county clerk a statement requesting that the voter's signature be
665
removed.
666
(b) A statement described in Subsection (6)(a) shall comply with the requirements
667
described in Subsection 20A-1-1003(2).
668
(c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to
669
determine whether to remove an individual's signature from a signature packet after
670
receiving a timely, valid statement requesting removal of the signature.
671
Section 5. Effective Date.
- 20 - 02-07 17:11 H.B. 458
672
This bill takes effect on January 1, 2026.
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