Utah Senate Bill SB0053 Latest Draft

                            Enrolled Copy	S.B. 53
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Election Code Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Calvin R. Musselman
House Sponsor: Stephanie Gricius
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LONG TITLE
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General Description:
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This bill amends the Election Code and related provisions.
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Highlighted Provisions:
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This bill:
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▸ standardizes language related to a voter who, after signing a petition, seeks to remove the
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voter's signature from the petition;
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▸ reduces the amount of time that the sponsors of a petition for incorporation that passes
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have to determine certain features of the new municipal government from 60 to 30 days;
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▸ clarifies the deadline for a candidate for mayor or municipal council of a newly
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incorporating municipality to file a declaration of candidacy;
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▸ clarifies that the county clerk determines whether to remove a voter's signature from a
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petition for incorporation of a municipality;
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▸ repeals the in-state residency requirement for a signature-gatherer who circulates a
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petition on behalf of:
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● an organization of registered voters seeking to become a registered political party; or
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● a candidate for elective office seeking the nomination of a registered or qualified
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political party;
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▸ repeals provisions related to the in-state residency requirement described above;
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▸ for a regular primary or presidential primary election, or for certain regular general or
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statewide special elections, requires a board of canvassers to immediately transmit to the
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lieutenant governor certain vote total information;
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▸ eliminates the requirement that a board of canvassers make the transmission described
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above by telephone, fax, or mail;
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▸ establishes a process for a voter who signs a petition on behalf of a candidate for elective S.B. 53	Enrolled Copy
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office seeking the nomination of a registered political party to have the voter's signature
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removed from the petition; 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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None
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Utah Code Sections Affected:
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AMENDS:
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10-2a-208, as last amended by Laws of Utah 2023, Chapters 116, 224 and last amended
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by Coordination Clause, Laws of Utah 2023, Chapter 116
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10-2a-213, as last amended by Laws of Utah 2023, Chapters 224, 435 and last amended
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by Coordination Clause, Laws of Utah 2023, Chapter 224 and further amended by Revisor
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Instructions, Laws of Utah 2023, Chapter 224
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10-2a-214, as last amended by Laws of Utah 2023, Chapters 224, 435
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17B-1-205, as last amended by Laws of Utah 2024, Chapter 388
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17B-1-506, as last amended by Laws of Utah 2024, Chapter 388
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17B-1-1305, as last amended by Laws of Utah 2023, Chapters 15, 116
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20A-4-304, as last amended by Laws of Utah 2024, Chapter 503
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20A-8-103, as last amended by Laws of Utah 2023, Chapter 116
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20A-9-203, as last amended by Laws of Utah 2024, Chapter 465
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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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53G-3-301.1, as last amended by Laws of Utah 2024, Third Special Session, Chapter 3
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Be it enacted by the Legislature of the state of Utah:
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Section 1.  Section 10-2a-208 is amended to read:
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10-2a-208 . Petition for incorporation -- Requirements and form -- Removal of
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signature.
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(1) At any time within one year after the day on which the county clerk completes the
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public hearings required under Section 10-2a-207, individuals within the proposed
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municipality may proceed with the incorporation process by circulating, and submitting
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to the county clerk, a petition for incorporation that, to be certified under Subsection
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10-2a-209(1)(b)(i), is required to be signed by:
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(a) 10% of all registered voters within the area proposed to be incorporated as a
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municipality,  as of the day on which the petition for incorporation is filed;
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(b) if the petition for incorporation proposes the incorporation of a city, and subject to
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Subsection (5), 10% of all registered voters within 90% of the voting precincts within
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the area proposed to be incorporated as a city, as of the day on which the petition for
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incorporation is filed; and
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(c) the owners of private real property that:
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(i) is located within the proposed municipality;
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(ii) covers at least 10% of the total private land area within the proposed
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municipality; and
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(iii) on January 1 of the current year, was equal in assessed fair market value to at
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least 7% of the assessed fair market value of all private real property within the
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proposed municipality.
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(2) The petition for incorporation shall:
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(a) include the typed or printed name and current residence address of each voter who
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signs the petition for incorporation;
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(b) describe the area proposed to be incorporated as a municipality, as described in the
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feasibility request or the modified feasibility request that complies with Subsection
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10-2a-205(5)(a);
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(c) state the proposed name for the proposed municipality;
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(d) designate five signers of the petition for incorporation as petition sponsors, one of
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whom is designated as the contact sponsor, with the mailing address and telephone
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number of each;
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(e) if the sponsors propose the incorporation of a city, state that the signers of the
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petition for incorporation appoint the sponsors, if the incorporation measure passes,
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to represent the signers in:
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(i) selecting the number of commission or council members the new city will have;
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and
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(ii) drawing district boundaries for the election of council members, if the voters
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decide to elect council members by district;
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(f) be accompanied by and circulated with an accurate plat or map, prepared by a
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licensed surveyor, showing the boundaries of the proposed municipality; and
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      PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
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municipality)
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      To the Honorable Lieutenant Governor and the [name of county legislative body]:
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      We, the undersigned registered voters within the area described in this petition for
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incorporation, respectfully petition the lieutenant governor and the county legislative body to
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submit to the registered voters residing within the area described in this petition for
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incorporation, at the next regular general election, the question of whether the area should
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incorporate as a municipality.  Each of the undersigned affirms that each has personally signed
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this petition for incorporation and is a registered voter who resides within the described area,
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and that the current residence address of each is correctly written after the signer's name.  The
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area proposed to be incorporated as a municipality is described as follows:[insert an accurate
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description of the area proposed to be incorporated].
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(3)(a) Except as provided in Subsection (3)(b), a valid signature on a feasibility request
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described in Section 10-2a-202 or a modified feasibility request described in Section
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10-2a-206 may be used toward fulfilling the signature requirement described in
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Subsection (1) if the feasibility request notified the signer in conspicuous language
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that the signature, unless [withdrawn] removed, would also be used for a petition for
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incorporation under this section.
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(b) A signature described in Subsection (3)(a) may not be used toward fulfilling the
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signature requirement described in Subsection (1) if the signer files with the county
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clerk a written [withdrawal] statement requesting removal of the signature before the
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petition for incorporation is filed with the county clerk under this section.
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(4)(a) A voter who signs a petition for incorporation may have the voter's signature
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removed from the petition by, no later than three business days after the day on
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which the petition for incorporation is submitted to the county clerk, submitting to
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the county clerk a statement requesting that the voter's signature be removed.
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(b) A statement described in Subsection (4)(a) shall comply with the requirements
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described in Subsection 20A-1-1003(2).
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[(c) The lieutenant governor shall use the procedures described in Subsection
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20A-1-1003(3) to determine whether to remove an individual's signature from a
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petition after receiving a timely, valid statement requesting removal of the signature.]
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[(d)] (c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3)
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to determine whether to remove an individual's signature from a petition for
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incorporation after receiving a timely, valid statement requesting removal of the
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signature.
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(5)(a) A signature does not qualify under Subsection (1)(b) if the signature is gathered
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from a voting precinct that:
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(i) except in a proposed municipality that will be a city of the fifth class, is not
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located entirely within the boundaries of a proposed city; or
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(ii) includes less than 50 registered voters.
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(b) A voting precinct that is not located entirely within the boundaries of the proposed
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city does not qualify as a voting precinct under Subsection (1)(b).
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Section 2.  Section 10-2a-213 is amended to read:
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10-2a-213 . Determination of number of council members -- Determination of
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election districts -- Hearings and notice.
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(1) If the incorporation proposal passes, the sponsors of the petition for incorporation shall,
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within [60] 30 days after the day on which the county conducts the canvass of the
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election under Section 10-2a-212:
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(a) for the incorporation of a city:
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(i) if the voters at the incorporation election choose the council-mayor form of
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government, determine the number of council members that will constitute the
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city council of the city; and
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(ii) if the voters at the incorporation election vote to elect council members by
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district, determine the number of council members to be elected by district and
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draw the boundaries of those districts, which shall be substantially equal in
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population; and
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(b) for the incorporation of any municipality:
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(i) determine the initial terms of the mayor and members of the municipal council so
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that:
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(A) the mayor and approximately half the members of the municipal council are
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elected to serve an initial term, of no less than one year, that allows the mayor's
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and members' successors to serve a full four-year term that coincides with the
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schedule established in Subsection 10-3-205(1); and
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(B) the remaining members of the municipal council are elected to serve an initial
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term, of no less than one year, that allows the members' successors to serve a
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full four-year term that coincides with the schedule established in Subsection
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10-3-205(2); and
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(ii) submit in writing to the county legislative body the results of the determinations
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made by the sponsors under Subsections (1)(a) and (b)(i).
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(2) A newly incorporated town shall operate under the five-member council form of
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government as defined in Section 10-3b-102.
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(3) Before making a determination under Subsection (1)(a) or (b)(i), the sponsors of the
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petition for incorporation shall, under the direction of the county clerk, hold a public
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hearing within the future municipality on the applicable issues described in Subsections
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(1)(a) and (b)(i).
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(4) Notice of the public hearing described in Subsection (3) shall be provided as follows:
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(a) the county clerk shall provide notice for the future municipality, as a class B notice
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under Section 63G-30-102, for at least two weeks before the day of the public
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hearing; and
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(b) if the future municipality has a website, the sponsors of the petition for incorporation
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shall post notice on the future municipality's website for at least two weeks before the
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day of the public hearing.
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(5) The county clerk may bill the petition sponsors for the cost of preparing, printing, and
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publishing the notice described in Subsection (4).
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Section 3.  Section 10-2a-214 is amended to read:
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10-2a-214 . Notice of number of commission or council members to be elected
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and of district boundaries -- Declaration of candidacy for municipal office.
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(1) Within 20 days after the day on which a county legislative body receives the
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determination described in Subsection 10-2a-213(1)(b)(ii), the county clerk shall provide
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a notice, in accordance with Subsection (2), containing:
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(a) the number of municipal council members to be elected for the new municipality;
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(b) except as provided in Subsection (3), if some or all of the municipal council
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members are to be elected by district, a description of the boundaries of those
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districts;
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(c) information about the deadline for an individual to file a declaration of candidacy to
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become a candidate for mayor or municipal council; and
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(d) information about the length of the initial term of each of the municipal officers.
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(2) The county clerk shall provide the notice described in Subsection (1) for the future
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municipality, as a class B notice under Section 63G-30-102, for two weeks.
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(3) Instead of including a description of the district boundaries under Subsection (1)(b), the
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notice may include a statement that specifies the following sources where a resident of
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the future municipality may view or obtain a copy of the district boundaries:
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(a) the county website;
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(b) the physical address of the county clerk's office; and
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(c) a mailing address and telephone number.
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[(4) Notwithstanding Subsection 20A-9-203(3)(a), each individual seeking to become a
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candidate for mayor or municipal council of a municipality incorporating under this part
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shall file a declaration of candidacy with the clerk of the county in which the future
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municipality is located and in accordance with:]
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[(a) for an incorporation held on the date of a regular general election, the deadlines for
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filing a declaration of candidacy under Section 20A-9-202; or]
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[(b) for an incorporation held on the date of a municipal general election, the deadlines
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for filing a declaration of candidacy under Section 20A-9-203.]
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(4) Each individual seeking to become a candidate for mayor or municipal council of a
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municipality incorporating under this part shall, in the year in which a final election
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described in Section 10-2a-215 is held, file a declaration of candidacy with the clerk of
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the county in which the future municipality is located and in accordance with:
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(a) for an election of officers of a new municipality held on the date of a regular general
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election, the deadlines for filing a declaration of candidacy under Section 20A-9-202;
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or
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(b) for an election of officers of a new municipality held on the date of a municipal
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general election, the deadlines for filing a declaration of candidacy under Section
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20A-9-203.
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Section 4.  Section 17B-1-205 is amended to read:
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17B-1-205 . Petition and request requirements -- Removal or reinstatement of
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signature.
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(1) Each petition and request shall:
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(a) indicate the typed or printed name and current residence address of each property
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owner, groundwater right owner, or registered voter signing the petition;
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(b)(i) if it is a property owner request or petition, indicate the address of the property
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as to which the owner is signing the request or petition; or
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(ii) if it is a groundwater right owner request or petition, indicate the location of the
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diversion of the groundwater as to which the owner is signing the groundwater
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right owner request or petition;
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(c) describe the entire area of the proposed special district;
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(d) be accompanied by a map showing the boundaries of the entire proposed special
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district;
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(e) specify the service proposed to be provided by the proposed special district;
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(f) if the petition or request proposes the creation of a specialized special district, specify
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the type of specialized special district proposed to be created;
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(g) for a proposed basic special district:
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(i) state whether the members of the board of trustees will be elected or appointed or
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whether some members will be elected and some appointed, as provided in
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Section 17B-1-1402;
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(ii) if one or more members will be elected, state the basis upon which each elected
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member will be elected; and
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(iii) if applicable, explain how the election or appointment of board members will
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transition from one method to another based on stated milestones or events, as
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provided in Section 17B-1-1402;
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(h) for a proposed improvement district whose remaining area members or county
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members, as those terms are defined in Section 17B-2a-404, are to be elected, state
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that those members will be elected;
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(i) for a proposed service area that is entirely within the unincorporated area of a single
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county, state whether the initial board of trustees will be:
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(i) the county legislative body;
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(ii) appointed as provided in Section 17B-1-304; or
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(iii) elected as provided in Section 17B-1-306;
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(j) designate up to five signers of the petition or request as sponsors, one of whom shall
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be designated as the contact sponsor, with the mailing address and telephone number
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of each;
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(k) if the petition or request is a groundwater right owner petition or request proposing
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the creation of a special district to acquire a groundwater right under Section
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17B-1-202, explain the anticipated method:
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(i) of paying for the groundwater right acquisition; and
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(ii) of addressing blowing dust created by the reduced use of water;
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(l) if the petition or request is a groundwater right owner petition or request proposing
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the creation of a special district to assess a groundwater right under Section
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17B-1-202, explain the anticipated method:
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(i) of assessing the groundwater right and securing payment of the assessment; and
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(ii) of addressing blowing dust created by the reduced use of water; and
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(m) for a proposed infrastructure financing district:
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(i) state whether the members of the board of trustees will be elected or appointed or
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whether some members will be elected and some appointed;
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(ii) if one or more members will be elected, state the basis upon which each elected
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member will be elected;
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(iii) explain how appointed board member positions will transition to elected board
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member positions based on stated milestones or events, as provided in Section
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17B-2a-1303;
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(iv) state whether divisions will be established within the boundary of the
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infrastructure financing district so that some or all board members represent a
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division rather than the district at large and, if so, describe the boundary of each
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division; and
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(v) if applicable, be accompanied by the governing document prepared according to
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Section 17B-2a-1303.
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(2)(a) Subject to Subsection (2)(b), a signer of a request or petition may [withdraw] 
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remove or, once [withdrawn] removed, reinstate the signer's signature at any time
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before the filing of the request or petition by filing a written [withdrawal or
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reinstatement] statement for removal or reinstatement with:
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(i) in the case of a request:
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(A) the clerk of the county or the clerk or recorder of the municipality in whose
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applicable area the signer's property is located, if the request is a property
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owner request;
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(B) the clerk of the county or the clerk or recorder of the municipality in whose
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applicable area the signer's groundwater diversion point is located, if the
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request is a groundwater right owner request; or
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(C) the clerk of the county or the clerk or recorder of the municipality in whose
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applicable area the signer resides, if the request is a registered voter request; or
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(ii) in the case of a petition, the responsible clerk.
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(b) The time for a signer of a petition for the creation of an infrastructure financing
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district to [withdraw] remove or reinstate the signer's signature is any time before the
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petition is certified under Section 17B-1-209.
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(3)(a) A clerk of the county who receives a timely, valid written [withdrawal or
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reinstatement] statement for removal or reinstatement from a signer of a registered
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voter request or registered voter petition shall use the procedures described in
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Subsection 20A-1-1003(3) to determine whether to remove or reinstate the
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individual's signature.
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(b) If a municipal clerk or recorder receives a timely, valid written [withdrawal or
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reinstatement] statement for removal or reinstatement from a signer of a registered
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voter request or registered voter petition, the clerk of the municipality's county shall
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assist the municipal clerk or recorder with determining whether to remove or
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reinstate the individual's signature using the procedures described in Subsection
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20A-1-1003(3).
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Section 5.  Section 17B-1-506 is amended to read:
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17B-1-506 . Withdrawal petition requirements -- Removal or reinstatement of
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signature.
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(1) Each petition under Section 17B-1-504 shall:
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(a) indicate the typed or printed name and current address of each owner of acre-feet of
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water, property owner, registered voter, or authorized representative of the governing
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body signing the petition;
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(b) separately group signatures by municipality and, in the case of unincorporated areas,
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by county;
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(c) if it is a petition signed by the owners of land, the assessment of which is based on
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acre-feet of water, indicate the address of the property and the property tax
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identification parcel number of the property as to which the owner is signing the
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request;
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(d) designate up to three signers of the petition as sponsors, or in the case of a petition
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filed under Subsection 17B-1-504(1)(a)(iv), designate a governmental representative
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as a sponsor, and in each case, designate one sponsor as the contact sponsor with the
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mailing address and telephone number of each;
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(e) state the reasons for withdrawal; and
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(f) when the petition is filed with the special district board of trustees, be accompanied
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by a map generally depicting the boundaries of the area proposed to be withdrawn
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and a legal description of the area proposed to be withdrawn.
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(2)(a) The special district may prepare an itemized list of expenses, other than attorney
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expenses, that will necessarily be incurred by the special district in the withdrawal
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proceeding.  The itemized list of expenses may be submitted to the contact sponsor.
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If the list of expenses is submitted to the contact sponsor within 21 days after receipt
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of the petition, the contact sponsor on behalf of the petitioners shall be required to
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pay the expenses to the special district within 90 days of receipt.  Until funds to cover
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the expenses are delivered to the special district, the district will have no obligation to
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proceed with the withdrawal and the time limits on the district stated in this part will
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be tolled.  If the expenses are not paid within the 90 days, or within 90 days from the
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conclusion of any arbitration under Subsection (2)(b), the petition requesting the
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withdrawal shall be considered to have been withdrawn.
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(b) If there is no agreement between the board of trustees of the special district and the
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contact sponsor on the amount of expenses that will necessarily be incurred by the
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special district in the withdrawal proceeding, either the board of trustees or the
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contact sponsor may submit the matter to binding arbitration in accordance with Title
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78B, Chapter 6, Part 2, Alternative Dispute Resolution Act; provided that, if the
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parties cannot agree upon an arbitrator and the rules and procedures that will control
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the arbitration, either party may pursue arbitration under Title 78B, Chapter 11, Utah
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Uniform Arbitration Act.
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(3)(a) A signer of a petition may [withdraw] remove or, once [withdrawn] removed,
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reinstate the signer's signature at any time before the public hearing under Section
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17B-1-508 by submitting a written statement requesting [withdrawal] removal or
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reinstatement with the board of trustees of the special district in which the area
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proposed to be withdrawn is located.
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(b) A statement described in Subsection (3)(a) shall comply with the requirements
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described in Subsection 20A-1-1003(2).
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(c) As applicable and using the procedures described in Subsection 20A-1-1003(3), the
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county clerk shall assist the board of trustees to determine whether to remove or
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reinstate a registered voter's signature after the voter submits a timely, valid statement
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described in Subsection (3)(a).
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(4) If it reasonably appears that, if the withdrawal which is the subject of a petition filed
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under Subsection 17B-1-504(1)(a)(i) or (ii) is granted, it will be necessary for a
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municipality to provide to the withdrawn area the service previously supplied by the
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special district, the board of trustees of the special district may, within 21 days after
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receiving the petition, notify the contact sponsor in writing that, before it will be
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considered by the board of trustees, the petition shall be presented to and approved by
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the governing body of the municipality as provided in Subsection 17B-1-504(1)(a)(iv)
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before it will be considered by the special district board of trustees.  If the notice is
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timely given to the contact sponsor, the petition shall be considered to have been
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withdrawn until the municipality files a petition with the special district under
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Subsection 17B-1-504(1)(a)(iv).
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(5)(a) After receiving the notice required by Subsection 17B-1-504(2), unless
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specifically allowed by law, a public entity may not make expenditures from public
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funds to support or oppose the gathering of signatures on a petition for withdrawal.
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(b) Nothing in this section prohibits a public entity from providing factual information
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and analysis regarding a withdrawal petition to the public, so long as the information
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grants equal access to both the opponents and proponents of the petition for
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withdrawal.
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(c) Nothing in this section prohibits a public official from speaking, campaigning,
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contributing personal money, or otherwise exercising the public official's
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constitutional rights.
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(6) Subsections (2), (3), (4), and (5) do not apply to a petition seeking the withdrawal of an
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area from an infrastructure financing district.
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Section 6.  Section 17B-1-1305 is amended to read:
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17B-1-1305 . Petition certification -- Removal or reinstatement of signature.
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(1) Within 30 days after the filing of a petition under Subsection 17B-1-1303(1)(a) or (2),
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the clerk shall:
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(a) with the assistance of officers of the county in which the special district is located
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from whom the clerk requests assistance, determine whether the petition meets the
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requirements of Section 17B-1-1303 and Subsection 17B-1-1304(1); and
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(b)(i) if the clerk determines that the petition complies with the requirements, certify
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the petition and mail or deliver written notification of the certification to the
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contact sponsor; or
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(ii) if the clerk determines that the petition fails to comply with any of the
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requirements, reject the petition and mail or deliver written notification of the
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rejection and the reasons for the rejection to the contact sponsor.
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(2) For a registered voter petition, the county clerk shall determine or shall assist a board of
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trustees or municipal clerk or recorder with determining whether a signer is a registered
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voter using the procedures described in Section 20A-1-1002.
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(3)(a) If the clerk rejects a petition under Subsection (1)(b)(ii), the petition may be
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amended to correct the deficiencies for which it was rejected and then refiled.
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(b) A valid signature on a petition that was rejected under Subsection (1)(b)(ii) may be
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used toward fulfilling the applicable signature requirement of the petition as amended
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under Subsection (3)(a).
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(4) The clerk shall process an amended petition filed under Subsection (3)(a) in the same
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manner as an original petition under Subsection (1).
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(5)(a) A signer of a petition may [withdraw] remove or, once [withdrawn] removed,
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reinstate the signer's signature at any time before the public hearing under Section
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17B-1-1306 by submitting a written statement requesting [withdrawal] removal or
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reinstatement with the clerk.
408 
(b) For a registered voter petition:
409 
(i) a statement described in Subsection (5)(a) shall comply with the requirements
410 
described in Subsection 20A-1-1003(2); and
411 
(ii) the county clerk shall determine or shall assist a board of trustees or municipal
412 
clerk or recorder with determining whether to remove or reinstate the signer's
413 
signature using the procedures described in Subsection 20A-1-1003(3).
414 
Section 7.  Section 20A-4-304 is amended to read:
415 
20A-4-304 . Declaration of results -- Canvassers' report.
416 
(1)(a) Except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project, a
417 
board of canvassers shall declare "elected" or "nominated" those persons who:
418 
(i) had the highest number of votes; and
419 
(ii) sought election or nomination to an office completely within the board's
420 
jurisdiction.
421 
(b) Except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project, a
422 
board of canvassers shall declare a "tie vote" if:
423 
(i) two or more candidates for an office receive an equal and the highest number of
424 
votes for that office; or
425 
(ii) in a race for an at-large office:
426 
(A) two or more candidates receive an equal number of votes; and
427 
(B) a recount is necessary to determine which candidates are elected to the at-large
428 
office.
429 
(c) A board of canvassers shall declare:
430 
(i) "approved" those ballot propositions that:
431 
(A) had more "yes" votes than "no" votes; and
432 
(B) were submitted only to the voters within the board's jurisdiction; or
433 
(ii) "rejected" those ballot propositions that:
434 
(A) had more "no" votes than "yes" votes or an equal number of "no" votes and
435 
"yes" votes; and
- 13 - S.B. 53	Enrolled Copy
436 
(B) were submitted only to the voters within the board's jurisdiction.
437 
(d) A board of canvassers shall:
438 
(i) certify the vote totals for persons and for and against ballot propositions that were
439 
submitted to voters within and beyond the board's jurisdiction and transmit those
440 
vote totals to the lieutenant governor; and
441 
(ii) if applicable, certify the results of each special district election to the special
442 
district clerk.
443 
(2) The election officer shall submit a report to the board of canvassers that includes the
444 
following information:
445 
(a) the total number of votes cast in the board's jurisdiction;
446 
(b) the names of each candidate whose name appeared on the ballot;
447 
(c) the title of each ballot proposition that appeared on the ballot;
448 
(d) each office that appeared on the ballot;
449 
(e) from each voting precinct:
450 
(i) the number of votes for each candidate;
451 
(ii) for each race conducted by instant runoff voting under Part 6, Municipal
452 
Alternate Voting Methods Pilot Project, the number of valid votes cast for each
453 
candidate for each potential ballot-counting phase and the name of the candidate
454 
excluded in each ballot-counting phase; and
455 
(iii) the number of votes for and against each ballot proposition;
456 
(f) the total number of votes given in the board's jurisdiction to each candidate, and for
457 
and against each ballot proposition;
458 
(g) standardized statistics, on a form provided by the lieutenant governor, disclosing:
459 
(i) the number of ballots counted;
460 
(ii) provisional ballots; and
461 
(iii) the number of ballots rejected;
462 
(h) a final ballot reconciliation report;
463 
(i) other information required by law to be provided to the board of canvassers; and
464 
(j) a statement certifying that the information contained in the report is accurate.
465 
(3) The election officer and the board of canvassers shall:
466 
(a) review the report to ensure that the report is correct; and
467 
(b) sign the report.
468 
(4) The election officer shall:
469 
(a) record or file the certified report in a book kept for that purpose;
- 14 - Enrolled Copy	S.B. 53
470 
(b) prepare and transmit a certificate of nomination or election under the officer's seal to
471 
each nominated or elected candidate;
472 
(c) publish a copy of the certified report in accordance with Subsection (5); and
473 
(d) file a copy of the certified report with the lieutenant governor.
474 
(5) Except as provided in Subsection (6), the election officer shall, no later than seven days
475 
after the day on which the board of canvassers declares the election results, publicize the
476 
certified report described in Subsection (2) for the jurisdiction, as a class A notice under
477 
Section 63G-30-102, for at least seven days.
478 
(6) Instead of including a copy of the entire certified report, a notice required under
479 
Subsection (5) may contain a statement that:
480 
(a) includes the following: "The Board of Canvassers for [indicate name of jurisdiction]
481 
has prepared a report of the election results for the [indicate type and date of
482 
election]."; and
483 
(b) specifies the following sources where an individual may view or obtain a copy of the
484 
entire certified report:
485 
(i) if the jurisdiction has a website, the jurisdiction's website;
486 
(ii) the physical address for the jurisdiction; and
487 
(iii) a mailing address and telephone number.
488 
(7) When there has been a regular general or a statewide special election for statewide
489 
officers, for officers that appear on the ballot in more than one county, or for a statewide
490 
or two or more county ballot proposition, each board of canvassers shall[:] , immediately
491 
upon adjournment of the board, transmit to the lieutenant governor a report detailing the
492 
number of votes for each candidate and the number of votes for and against each ballot
493 
proposition.
494 
[(a) prepare a separate report detailing the number of votes for each candidate and the
495 
number of votes for and against each ballot proposition; and]
496 
[(b) transmit the separate report by registered mail to the lieutenant governor.]
497 
(8) In each county election, municipal election, school election, special district election, and
498 
local special election, the election officer shall transmit the reports to the lieutenant
499 
governor within 14 days after the date of the election.
500 
(9) In a regular primary election and in a presidential primary election, [the board shall
501 
transmit to the lieutenant governor] the board of canvassers shall, immediately upon
502 
adjournment of the board, transmit to the lieutenant governor:
503 
(a) the county totals for multi-county races[, to be telephoned or faxed to the lieutenant
- 15 - S.B. 53	Enrolled Copy
504 
governor not later than the second Tuesday after the election]; and
505 
(b) a complete tabulation showing voting totals for all primary races, precinct by precinct[
506 
, to be mailed to the lieutenant governor on or before the third Friday following the
507 
primary election].
508 
Section 8.  Section 20A-8-103 is amended to read:
509 
20A-8-103 . Petition procedures -- Criminal penalty -- Removal of signature.
510 
(1) As used in this section, the proposed name or emblem of a registered political party is
511 
"distinguishable" if a reasonable person of average intelligence will be able to perceive a
512 
difference between the proposed name or emblem and any name or emblem currently
513 
being used by another registered political party.
514 
(2) To become a registered political party, an organization of registered voters that is not a
515 
continuing political party shall:
516 
(a) circulate a petition seeking registered political party status beginning no earlier than
517 
the date of the statewide canvass held after the last regular general election and
518 
ending before 5 p.m. no later than November 30 of the year before the year in which
519 
the next regular general election will be held;
520 
(b) file a petition with the lieutenant governor that is signed, with a holographic
521 
signature, by at least 2,000 registered voters before 5 p.m. no later than November 30
522 
of the year in which a regular general election will be held; and
523 
(c) file, with the petition described in Subsection (2)(b), a document certifying:
524 
(i) the identity of one or more registered political parties whose members may vote
525 
for the organization's candidates;
526 
(ii) whether unaffiliated voters may vote for the organization's candidates; and
527 
(iii) whether, for the next election, the organization intends to nominate the
528 
organization's candidates in accordance with the provisions of Section 20A-9-406.
529 
(3) The petition shall:
530 
(a) be on sheets of paper 8-1/2 inches long and 11 inches wide;
531 
(b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
532 
blank for the purpose of binding;
533 
(c) contain the name of the political party and the words "Political Party Registration
534 
Petition" printed directly below the horizontal line;
535 
(d) contain the word "Warning" printed directly under the words described in Subsection
536 
(3)(c);
537 (e) contain, to the right of the word "Warning," the following statement printed in not less than
- 16 - Enrolled Copy	S.B. 53
538 
eight-point, single leaded type:
539 
      "It is a class A misdemeanor for anyone to knowingly sign a political party registration
540 
petition signature sheet with any name other than the individual's own name or more than once
541 
for the same party or if the individual is not registered to vote in this state and does not intend
542 
to become registered to vote in this state before the petition is submitted to the lieutenant
543 
governor.";
544 (f) contain the following statement directly under the statement described in Subsection (3)(e):
545 
      "POLITICAL PARTY REGISTRATION PETITION To the Honorable ____,
546 
Lieutenant Governor:
547 
      We, the undersigned citizens of Utah, seek registered political party status for ____
548 
(name);
549 
      Each signer says:
550 
      I have personally signed this petition with a holographic signature;
551 
      I am registered to vote in Utah or will register to vote in Utah before the petition is
552 
submitted to the lieutenant governor;
553 
      I am or desire to become a member of the political party; and
554 
      My street address is written correctly after my name.";
555 
(g) be vertically divided into columns as follows:
556 
(i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
557 
headed with "For Office Use Only," and be subdivided with a light vertical line
558 
down the middle;
559 
(ii) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
560 
Name (must be legible to be counted)";
561 
(iii) the next column shall be 2-1/2 inches wide, headed "Holographic Signature of
562 
Registered Voter";
563 
(iv) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
564 
(v) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
565 
Code"; and
566 
(vi) at the bottom of the sheet, contain the following statement: "Birth date or age
567 
information is not required, but it may be used to verify your identity with voter
568 
registration records.  If you choose not to provide it, your signature may not be
569 
certified as a valid signature if you change your address before petition signatures
570 
are certified or if the information you provide does not match your voter
571 
registration records.";
- 17 - S.B. 53	Enrolled Copy
572 
(h) have a final page bound to one or more signature sheets that are bound together that
573 
contains the following printed statement:
574 
      "Verification
575 
      State of Utah, County of ____
576 
      I, _______________, of ____, hereby state that:
577 
      I [am a Utah resident and ]am at least 18 years old;
578 
      All the names that appear on the signature sheets bound to this page were signed by
579 
individuals who professed to be the individuals whose names appear on the signature sheets,
580 
and each individual signed the individual's name on the signature sheets in my presence;
581 
      I believe that each individual has printed and signed the individual's name and written
582 
the individual's street address correctly, and that each individual is registered to vote in Utah or
583 
will register to vote in Utah before the petition is submitted to the lieutenant governor.
584 
      ______________________________________________________________________
585 
(Signature)           (Residence Address)                    (Date)"; and
586 
(i) be bound to a cover sheet that:
587 
(i) identifies the political party's name, which may not exceed four words, and the
588 
emblem of the party;
589 
(ii) states the process that the organization will follow to organize and adopt a
590 
constitution and bylaws; and
591 
(iii) is signed by a filing officer, who agrees to receive communications on behalf of
592 
the organization.
593 
(4) The filing officer described in Subsection (3)(i)(iii) shall ensure that the individual in
594 
whose presence each signature sheet is signed:
595 
(a) is at least 18 years old; and
596 
[(b) meets the residency requirements of Section 20A-2-105; and]
597 
[(c)] (b) verifies each signature sheet by completing the verification bound to one or
598 
more signature sheets that are bound together.
599 
(5) An individual may not sign the verification if the individual signed a signature sheet
600 
bound to the verification.
601 
(6) The lieutenant governor shall:
602 
(a) use the procedures described in Section 20A-1-1002 to determine whether a signer is
603 
a registered voter;
604 
(b) review the proposed name and emblem to determine if they are "distinguishable"
605 
from the names and emblems of other registered political parties; and
- 18 - Enrolled Copy	S.B. 53
606 
(c) certify the lieutenant governor's findings to the filing officer described in Subsection
607 
(3)(i)(iii) within 30 days of the filing of the petition.
608 
(7)(a) If the lieutenant governor determines that the petition meets the requirements of
609 
this section, and that the proposed name and emblem are distinguishable, the
610 
lieutenant governor shall authorize the filing officer described in Subsection (3)(i)(iii)
611 
to organize the prospective political party.
612 
(b) If the lieutenant governor finds that the name, emblem, or both are not
613 
distinguishable from the names and emblems of other registered political parties, the
614 
lieutenant governor shall notify the filing officer that the filing officer has seven days
615 
to submit a new name or emblem to the lieutenant governor.
616 
(8) A registered political party may not change its name or emblem during the regular
617 
general election cycle.
618 
(9)(a) It is unlawful for an individual to:
619 
(i) knowingly sign a political party registration petition:
620 
(A) with any name other than the individual's own name;
621 
(B) more than once for the same political party; or
622 
(C) if the individual is not registered to vote in this state and does not intend to
623 
become registered to vote in this state before the petition is submitted to the
624 
lieutenant governor; or
625 
(ii) sign the verification of a political party registration petition signature sheet if the
626 
individual:
627 
[(A) does not meet the residency requirements of Section 20A-2-105;]
628 
[(B)] (A) has not witnessed the signing by those individuals whose names appear
629 
on the political party registration petition signature sheet; or
630 
[(C)] (B) knows that an individual whose signature appears on the political party
631 
registration petition signature sheet is not registered to vote in this state and
632 
does not intend to become registered to vote in this state.
633 
(b) An individual who violates this Subsection (9) is guilty of a class A misdemeanor.
634 
(10)(a) A voter who signs a petition under this section may have the voter's signature
635 
removed from the petition by, no later than three business days after the day on
636 
which the petition is filed with the lieutenant governor, submitting to the lieutenant
637 
governor a statement requesting that the voter's signature be removed.
638 
(b) A statement described in Subsection (10)(a) shall comply with the requirements
639 
described in Subsection 20A-1-1003(2).
- 19 - S.B. 53	Enrolled Copy
640 
(c) The lieutenant governor shall use the procedures described in Subsection
641 
20A-1-1003(3) to determine whether to remove an individual's signature from a
642 
petition after receiving a timely, valid statement requesting removal of the signature.
643 
Section 9.  Section 20A-9-203 is amended to read:
644 
20A-9-203 . Declarations of candidacy -- Municipal general elections --
645 
Nomination petition -- Removal of signature.
646 
(1) An individual may become a candidate for any municipal office if:
647 
(a) the individual is a registered voter; and
648 
(b)(i) the individual has resided within the municipality in which the individual seeks
649 
to hold elective office for the 12 consecutive months immediately before the date
650 
of the election; or
651 
(ii) the territory in which the individual resides was annexed into the municipality,
652 
the individual has resided within the annexed territory or the municipality the 12
653 
consecutive months immediately before the date of the election.
654 
(2)(a) For purposes of determining whether an individual meets the residency
655 
requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than
656 
12 months before the election, the municipality is considered to have been
657 
incorporated 12 months before the date of the election.
658 
(b) In addition to the requirements of Subsection (1), each candidate for a municipal
659 
council position shall, if elected from a district, be a resident of the council district
660 
from which the candidate is elected.
661 
(c) In accordance with Utah Constitution, Article IV, Section 6, a mentally incompetent
662 
individual, an individual convicted of a felony, or an individual convicted of treason
663 
or a crime against the elective franchise may not hold office in this state until the
664 
right to hold elective office is restored under Section 20A-2-101.3 or 20A-2-101.5.
665 
(3)(a) An individual seeking to become a candidate for a municipal office shall,
666 
regardless of the nomination method by which the individual is seeking to become a
667 
candidate:
668 
(i) except as provided in Subsection (3)(b), Section 10-2a-214, or Chapter 4, Part 6,
669 
Municipal Alternate Voting Methods Pilot Project, and subject to Subsection
670 
20A-9-404(3)(e), file a declaration of candidacy, in person with the city recorder
671 
or town clerk, during the office hours described in Section 10-3-301 and not later
672 
than the close of those office hours, between June 1 and June 7 of any
673 
odd-numbered year; and
- 20 - Enrolled Copy	S.B. 53
674 
(ii) pay the filing fee, if one is required by municipal ordinance.
675 
(b) Subject to Subsection (5)(b), an individual may designate an agent to file a
676 
declaration of candidacy with the city recorder or town clerk if:
677 
(i) the individual is located outside of the state during the entire filing period;
678 
(ii) the designated agent appears in person before the city recorder or town clerk;
679 
(iii) the individual communicates with the city recorder or town clerk using an
680 
electronic device that allows the individual and city recorder or town clerk to see
681 
and hear each other; and
682 
(iv) the individual provides the city recorder or town clerk with an email address to
683 
which the city recorder or town clerk may send the individual the copies described
684 
in Subsection (4).
685 
(c) Any resident of a municipality may nominate a candidate for a municipal office by:
686 
(i) except as provided in Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot
687 
Project, filing a nomination petition with the city recorder or town clerk during the
688 
office hours described in Section 10-3-301 and not later than the close of those
689 
office hours, between June 1 and June 7 of any odd-numbered year that includes
690 
signatures in support of the nomination petition of the lesser of at least:
691 
(A) 25 registered voters who reside in the municipality; or
692 
(B) 20% of the registered voters who reside in the municipality; and
693 
(ii) paying the filing fee, if one is required by municipal ordinance.
694 
(4)(a) Before the filing officer may accept any declaration of candidacy or nomination
695 
petition, the filing officer shall:
696 
(i) read to the prospective candidate or individual filing the petition the constitutional
697 
and statutory qualification requirements for the office that the candidate is seeking;
698 
(ii) require the candidate or individual filing the petition to state whether the
699 
candidate meets the requirements described in Subsection (4)(a)(i); and
700 
(iii) inform the candidate or the individual filing the petition that an individual who
701 
holds a municipal elected office may not, at the same time, hold a county elected
702 
office.
703 
(b) If the prospective candidate does not meet the qualification requirements for the
704 
office, the filing officer may not accept the declaration of candidacy or nomination
705 
petition.
706 
(c) If it appears that the prospective candidate meets the requirements of candidacy, the
707 
filing officer shall:
- 21 - S.B. 53	Enrolled Copy
708 
(i) inform the candidate that the candidate's name will appear on the ballot as it is
709 
written on the declaration of candidacy;
710 
(ii) provide the candidate with a copy of the current campaign financial disclosure
711 
laws for the office the candidate is seeking and inform the candidate that failure to
712 
comply will result in disqualification as a candidate and removal of the candidate's
713 
name from the ballot;
714 
(iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
715 
Electronic Voter Information Website Program and inform the candidate of the
716 
submission deadline under Subsection 20A-7-801(4)(a);
717 
(iv) inform the candidate that the candidate must provide the filing officer with an
718 
email address that the candidate actively monitors:
719 
(A) to receive a communication from a filing officer or an election officer; and
720 
(B) if the candidate wishes to display a candidate profile on the Statewide
721 
Electronic Voter Information Website, to submit to the website the
722 
biographical and other information described in Subsection 20A-7-801(4)(a)(ii);
723 
(v) inform the candidate that the email address described in Subsection (4)(c)(iv) is
724 
not a record under Title 63G, Chapter 2, Government Records Access and
725 
Management Act;
726 
(vi) obtain from the candidate the email address described in Subsection (4)(c)(iv);
727 
(vii) provide the candidate with a copy of the pledge of fair campaign practices
728 
described under Section 20A-9-206 and inform the candidate that:
729 
(A) signing the pledge is voluntary; and
730 
(B) signed pledges shall be filed with the filing officer; and
731 
(viii) accept the declaration of candidacy or nomination petition.
732 
(d) If the candidate elects to sign the pledge of fair campaign practices, the filing officer
733 
shall:
734 
(i) accept the candidate's pledge; and
735 
(ii) if the candidate has filed for a partisan office, provide a certified copy of the
736 
candidate's pledge to the chair of the county or state political party of which the
737 
candidate is a member.
738 
(5)(a) The declaration of candidacy shall be in substantially the following form:
739 
      "I, (print name) ____, being first sworn and under penalty of perjury, say that I reside at
740 
____ Street, City of ____, County of ____, state of Utah, Zip Code ____, Telephone Number
741 
(if any) ____; that I am a registered voter; and that I am a candidate for the office of ____
- 22 - Enrolled Copy	S.B. 53
742 
(stating the term).  I will meet the legal qualifications required of candidates for this office. If
743 
filing via a designated agent, I attest that I will be out of the state of Utah during the entire
744 
candidate filing period. I will file all campaign financial disclosure reports as required by law
745 
and I understand that failure to do so will result in my disqualification as a candidate for this
746 
office and removal of my name from the ballot.  I request that my name be printed upon the
747 
applicable official ballots.  (Signed) _______________
748 
      Subscribed and sworn to (or affirmed) before me by ____ on this
749 
__________(month\day\year).
750 
      (Signed) _______________ (Clerk or other officer qualified to administer oath)."
751 
(b) An agent designated under Subsection (3)(b) to file a declaration of candidacy may
752 
not sign the form described in Subsection (5)(a).
753 
(c)(i) A nomination petition shall be in substantially the following form:
754 
      "NOMINATION PETITION
755 
      The undersigned residents of (name of municipality), being registered voters, nominate
756 
(name of nominee) for the office of (name of office) for the (length of term of office)."
757 
(ii) The remainder of the petition shall contain lines and columns for the signatures of
758 
individuals signing the petition and each individual's address and phone number.
759 
(6) If the declaration of candidacy or nomination petition fails to state whether the
760 
nomination is for the two-year or four-year term, the clerk shall consider the nomination
761 
to be for the four-year term.
762 
(7)(a)[(i)] The clerk shall verify with the county clerk that all candidates are
763 
registered voters.
764 
(b) With the assistance of the county clerk, and using the procedures described in
765 
Section 20A-1-1002, the municipal clerk shall determine whether the required
766 
number of signatures of registered voters appears on a nomination petition.
767 
(8) Immediately after expiration of the period for filing a declaration of candidacy, the clerk
768 
shall:
769 
(a) publicize a list of the names of the candidates as they will appear on the ballot by
770 
publishing the list for the municipality, as a class A notice under Section 63G-30-102,
771 
for seven days; and
772 
(b) notify the lieutenant governor of the names of the candidates as they will appear on
773 
the ballot.
774 
(9) Except as provided in Subsection (10)(c), an individual may not amend a declaration of
775 
candidacy or nomination petition filed under this section after the candidate filing period
- 23 - S.B. 53	Enrolled Copy
776 
ends.
777 
(10)(a) A declaration of candidacy or nomination petition that an individual files under
778 
this section is valid unless a person files a written objection with the clerk before 5
779 
p.m. within 10 days after the last day for filing.
780 
(b) If a person files an objection, the clerk shall:
781 
(i) mail or personally deliver notice of the objection to the affected candidate
782 
immediately; and
783 
(ii) decide any objection within 48 hours after the objection is filed.
784 
(c) If the clerk sustains the objection, the candidate may, before 5 p.m. within three days
785 
after the day on which the clerk sustains the objection, correct the problem for which
786 
the objection is sustained by amending the candidate's declaration of candidacy or
787 
nomination petition, or by filing a new declaration of candidacy.
788 
(d)(i) The clerk's decision upon objections to form is final.
789 
(ii) The clerk's decision upon substantive matters is reviewable by a district court if
790 
prompt application is made to the district court.
791 
(iii) The decision of the district court is final unless the Supreme Court, in the
792 
exercise of its discretion, agrees to review the lower court decision.
793 
(11) A candidate who qualifies for the ballot under this section may withdraw as a
794 
candidate by filing a written affidavit with the municipal clerk.
795 
(12)(a) A voter who signs a nomination petition under this section may have the voter's
796 
signature removed from the petition by, no later than three business days after the day
797 
on which the petition is filed with the city recorder or municipal clerk, submitting to
798 
the municipal clerk a statement requesting that the voter's signature be removed.
799 
(b) A statement described in Subsection (12)(a) shall comply with the requirements
800 
described in Subsection 20A-1-1003(2).
801 
(c) With the assistance of the county clerk and using the procedures described in
802 
Subsection 20A-1-1003(3), the municipal clerk shall determine whether to remove an
803 
individual's signature from a petition after receiving a timely, valid statement
804 
requesting removal of the signature.
805 
Section 10.  Section 20A-9-405 is amended to read:
806 
20A-9-405 . Nomination petitions for regular primary elections.
807 
(1) This section applies to the form and circulation of nomination petitions for regular
808 
primary elections described in Subsection 20A-9-403(3)(a).
809 
(2) A candidate for elective office, and the agents of the candidate, may not circulate
- 24 - Enrolled Copy	S.B. 53
810 
nomination petitions until the candidate has submitted a declaration of candidacy in
811 
accordance with Subsection 20A-9-202(1).
812 
(3) For the manual candidate qualification process, the nomination petitions shall be in
813 
substantially the following form:
814 
(a) the petition shall be printed on paper 8-1/2 inches long and 11 inches wide;
815 
(b) the petition shall be ruled with a horizontal line 3/4 inch from the top, with the space
816 
above that line blank for purposes of binding;
817 
(c) the petition shall be headed by a caption stating the purpose of the petition and the
818 
name of the proposed candidate;
819 
(d) the petition shall feature the word "Warning" followed by the following statement in
820 
no less than eight-point, single leaded type: "It is a class A misdemeanor for anyone
821 
to knowingly sign a nomination petition with any name other than the person's own
822 
name, or more than once for the same candidate, or if the person is not registered to
823 
vote in this state.";
824 
(e) the petition shall feature 10 lines spaced one-half inch apart and consecutively
825 
numbered one through 10;
826 
(f) the signature portion of the petition shall be divided into columns headed by the
827 
following titles:
828 
(i) Registered Voter's Printed Name;
829 
(ii) Signature of Registered Voter;
830 
(iii) Party Affiliation of Registered Voter;
831 
(iv) Birth Date or Age (Optional);
832 
(v) Street Address, City, Zip Code; and
833 
(vi) Date of Signature; and
834 
(g) a photograph of the candidate may appear on the nomination petition.
835 
(4) For the electronic candidate qualification process, the lieutenant governor shall design
836 
an electronic form, using progressive screens, that includes:
837 (a) the following warning:
838 
      "Warning: It is a class A misdemeanor for anyone to knowingly sign a nomination
839 
petition with any name other than the person's own name, or more than once for the same
840 
candidate, or if the person is not registered to vote in this state."; and
841 
(b) the following information for each individual who signs the petition:
842 
(i) name;
843 
(ii) party affiliation;
- 25 - S.B. 53	Enrolled Copy
844 
(iii) date of birth or age, (optional);
845 
(iv) street address, city, zip code;
846 
(v) date of signature;
847 
(vi) other information required under Section 20A-21-201; and
848 
(vii) other information required by the lieutenant governor.
849 (5) For the manual candidate qualification process, if one or more nomination petitions are
850 
bound together, a page shall be bound to the nomination petition(s) that features the following
851 
printed verification statement to be signed and dated by the petition circulator:
852 
      "Verification
853 
      State of Utah, County of ____
854 
      I, ____, of ____, hereby state that:
855 
      I [am a Utah resident and ]am at least 18 years old;
856 
      All the names that appear on the signature sheets bound to this page were, to the best of
857 
my knowledge, signed by the persons who professed to be the persons whose names appear on
858 
the signature sheets, and each of them signed the person's name on the signature sheets in my
859 
presence;
860 
      I believe that each has printed and signed the person's name and written the person's
861 
street address correctly, and that each signer is registered to vote in Utah."
862 
(6) The lieutenant governor shall prepare and make public model nomination petition forms
863 
and associated instructions.
864 
(7) A nomination petition circulator[ must be at least 18 years old and a resident of the
865 
state, but may affiliate with any political party.] :
866 
(a) must be at least 18 years old; and
867 
(b) may affiliate with any political party.
868 
(8) It is unlawful for any person to:
869 
(a) knowingly sign the nomination petition described in this section or Section
870 
20A-9-408:
871 
(i) with any name other than the person's own name;
872 
(ii) more than once for the same candidate; or
873 
(iii) if the person is not registered to vote in this state;
874 
(b) sign the verification of a signature for a nomination petition if the person:
875 
[(i) does not meet the residency requirements of Section 20A-2-105;]
876 
[(ii)] (i) has not witnessed the signing by those persons whose names appear on the
877 
nomination petition; or
- 26 - Enrolled Copy	S.B. 53
878 
[(iii)] (ii) knows that a person whose signature appears on the nomination petition is
879 
not registered to vote in this state;
880 
(c) pay compensation to any person to sign a nomination petition; or
881 
(d) pay compensation to any person to circulate a nomination petition, if the
882 
compensation is based directly on the number of signatures submitted to a filing
883 
officer rather than on the number of signatures verified or on some other basis.
884 
(9) Any person violating Subsection (8) is guilty of a class A misdemeanor.
885 
(10)(a) A voter who signs a nomination petition may have the voter's signature removed
886 
from the petition by, no later than three business days after the day on which the
887 
candidate files the petition with the appropriate filing officer, submitting to the filing
888 
officer a statement requesting that the voter's signature be removed.
889 
(b) A statement described in Subsection (10)(a) shall comply with the requirements
890 
described in Subsection 20A-1-1003(2).
891 
(c) The filing officer shall use the procedures described in Subsection 20A-1-1003(3) to
892 
determine whether to remove an individual's signature from a nomination petition
893 
after receiving a timely, valid statement requesting removal of the signature.
894 
[(10) Withdrawal of petition signatures is prohibited.]
895 
Section 11.  Section 20A-9-408 is amended to read:
896 
20A-9-408 . Signature-gathering process to seek the nomination of a qualified
897 
political party -- Removal of signature.
898 
(1) This section describes the requirements for a member of a qualified political party who
899 
is seeking the nomination of the qualified political party for an elective office through
900 
the signature-gathering process described in this section.
901 
(2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of candidacy
902 
for a member of a qualified political party who is nominated by, or who is seeking the
903 
nomination of, the qualified political party under this section shall be substantially as
904 
described in Section 20A-9-408.5.
905 
(3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
906 
20A-9-202(4), a member of a qualified political party who, under this section, is seeking
907 
the nomination of the qualified political party for an elective office that is to be filled at
908 
the next general election shall:
909 
(a) during the declaration of candidacy filing period described in Section 20A-9-201.5,
910 
and before gathering signatures under this section, file with the filing officer on a
911 
form approved by the lieutenant governor a notice of intent to gather signatures for
- 27 - S.B. 53	Enrolled Copy
912 
candidacy that includes:
913 
(i) the name of the member who will attempt to become a candidate for a registered
914 
political party under this section;
915 
(ii) the name of the registered political party for which the member is seeking
916 
nomination;
917 
(iii) the office for which the member is seeking to become a candidate;
918 
(iv) the address and telephone number of the member; and
919 
(v) other information required by the lieutenant governor;
920 
(b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy, in
921 
person, with the filing officer during the declaration of candidacy filing period
922 
described in Section 20A-9-201.5; and
923 
(c) pay the filing fee.
924 
(4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political party
925 
who, under this section, is seeking the nomination of the qualified political party for the
926 
office of district attorney within a multicounty prosecution district that is to be filled at
927 
the next general election shall:
928 
(a) during the declaration of candidacy filing period described in Section 20A-9-201.5,
929 
and before gathering signatures under this section, file with the filing officer on a
930 
form approved by the lieutenant governor a notice of intent to gather signatures for
931 
candidacy that includes:
932 
(i) the name of the member who will attempt to become a candidate for a registered
933 
political party under this section;
934 
(ii) the name of the registered political party for which the member is seeking
935 
nomination;
936 
(iii) the office for which the member is seeking to become a candidate;
937 
(iv) the address and telephone number of the member; and
938 
(v) other information required by the lieutenant governor;
939 
(b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy, in
940 
person, with the filing officer during the declaration of candidacy filing period
941 
described in Section 20A-9-201.5; and
942 
(c) pay the filing fee.
943 
(5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate who
944 
files as the joint-ticket running mate of an individual who is nominated by a qualified
945 
political party, under this section, for the office of governor shall, during the declaration
- 28 - Enrolled Copy	S.B. 53
946 
of candidacy filing period described in Section 20A-9-201.5, file a declaration of
947 
candidacy and submit a letter from the candidate for governor that names the lieutenant
948 
governor candidate as a joint-ticket running mate.
949 
(6) The lieutenant governor shall ensure that the certification described in Subsection
950 
20A-9-701(1) also includes the name of each candidate nominated by a qualified
951 
political party under this section.
952 
(7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who is
953 
nominated by a qualified political party under this section, designate the qualified
954 
political party that nominated the candidate.
955 
(8) A member of a qualified political party may seek the nomination of the qualified
956 
political party for an elective office by:
957 
(a) complying with the requirements described in this section; and
958 
(b) collecting signatures, on a form approved by the lieutenant governor that complies
959 
with Subsection 20A-9-405(3), during the period beginning on the day on which the
960 
member files a notice of intent to gather signatures and ending at 5 p.m. 14 days
961 
before the day on which the qualified political party's convention for the office is
962 
held, in the following amounts:
963 
(i) for a statewide race, 28,000 signatures of registered voters in the state who are
964 
permitted by the qualified political party to vote for the qualified political party's
965 
candidates in a primary election;
966 
(ii) for a congressional district race, 7,000 signatures of registered voters who are
967 
residents of the congressional district and are permitted by the qualified political
968 
party to vote for the qualified political party's candidates in a primary election;
969 
(iii) for a state Senate district race, 2,000 signatures of registered voters who are
970 
residents of the state Senate district and are permitted by the qualified political
971 
party to vote for the qualified political party's candidates in a primary election;
972 
(iv) for a state House district race, 1,000 signatures of registered voters who are
973 
residents of the state House district and are permitted by the qualified political
974 
party to vote for the qualified political party's candidates in a primary election;
975 
(v) for a State Board of Education race, the lesser of:
976 
(A) 2,000 signatures of registered voters who are residents of the State Board of
977 
Education district and are permitted by the qualified political party to vote for
978 
the qualified political party's candidates in a primary election; or
979 
(B) 3% of the registered voters of the qualified political party who are residents of
- 29 - S.B. 53	Enrolled Copy
980 
the applicable State Board of Education district; and
981 
(vi) for a county office race, signatures of 3% of the registered voters who are
982 
residents of the area permitted to vote for the county office and are permitted by
983 
the qualified political party to vote for the qualified political party's candidates in
984 
a primary election.
985 
(9)(a) This Subsection (9) applies only to the manual candidate qualification process.
986 
(b) In order for a member of the qualified political party to qualify as a candidate for the
987 
qualified political party's nomination for an elective office under this section, using
988 
the manual candidate qualification process, the member shall:
989 
(i) collect the signatures on a form approved by the lieutenant governor, using the
990 
same circulation and verification requirements described in Sections 20A-7-105
991 
and 20A-7-204; and
992 
(ii) submit the signatures to the election officer before 5 p.m. no later than 14 days
993 
before the day on which the qualified political party holds the party's convention
994 
to select candidates, for the elective office, for the qualified political party's
995 
nomination.
996 
(c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the
997 
election officer shall, no later than the earlier of 14 days after the day on which the
998 
election officer receives the signatures, or one day before the day on which the
999 
qualified political party holds the convention to select a nominee for the elective
1000 
office to which the signature packets relate:
1001 
(i) check the name of each individual who completes the verification for a signature
1002 
packet to determine whether each individual is [a resident of Utah and is ]at least
1003 
18 years old;
1004 
(ii) submit the name of each individual described in Subsection (9)(c)(i) who [is not a
1005 
Utah resident or who ]is not at least 18 years old to the attorney general and the
1006 
county attorney;
1007 
(iii) with the assistance of the county clerk as applicable, determine whether each
1008 
signer is a registered voter who is qualified to sign the petition, using the same
1009 
method, described in Section 20A-1-1002, used to verify a signature on a petition;
1010 
and
1011 
(iv) certify whether each name is that of a registered voter who is qualified to sign the
1012 
signature packet.
1013 
(d)(i) A registered voter who physically signs a form under Subsections (8) and (9)(b)
- 30 - Enrolled Copy	S.B. 53
1014 
may have the voter's signature removed from the form by, no later than three
1015 
business days after the day on which the member submits the signature form to the
1016 
election officer, submitting to the election officer a statement requesting that the
1017 
voter's signature be removed.
1018 
(ii) A statement described in Subsection (9)(d)(i) shall comply with the requirements
1019 
described in Subsection 20A-1-1003(2).
1020 
(iii) With the assistance of the county clerk as applicable, the election officer shall
1021 
use the procedures described in Subsection 20A-1-1003(3) to determine whether
1022 
to remove an individual's signature after receiving a timely, valid statement
1023 
requesting removal of the signature.
1024 
(10)(a) This Subsection (10) applies only to the electronic candidate qualification
1025 
process.
1026 
(b) In order for a member of the qualified political party to qualify as a candidate for the
1027 
qualified political party's nomination for an elective office under this section, the
1028 
member shall, before 5 p.m. no later than 14 days before the day on which the
1029 
qualified political party holds the party's convention to select candidates, for the
1030 
elective office, for the qualified political party's nomination, collect signatures
1031 
electronically:
1032 
(i) in accordance with Section 20A-21-201; and
1033 
(ii) using progressive screens, in a format approved by the lieutenant governor, that
1034 
complies with Subsection 20A-9-405(4).
1035 
(c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the
1036 
election officer shall, no later than the earlier of 14 days after the day on which the
1037 
election officer receives the signatures, or one day before the day on which the
1038 
qualified political party holds the convention to select a nominee for the elective
1039 
office to which the signature packets relate:
1040 
(i) check the name of each individual who completes the verification for a signature
1041 
to determine whether each individual [is a resident of Utah and ]is at least 18
1042 
years old; and
1043 
(ii) submit the name of each individual described in Subsection (10)(c)(i) who is not [
1044 
a Utah resident or who is not ]at least 18 years old to the attorney general and the
1045 
county attorney.
1046 
(11)(a) An individual may not gather signatures under this section until after the
1047 
individual files a notice of intent to gather signatures for candidacy described in this
- 31 - S.B. 53	Enrolled Copy
1048 
section.
1049 
(b) An individual who files a notice of intent to gather signatures for candidacy,
1050 
described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the
1051 
individual files the notice of intent to gather signatures for candidacy:
1052 
(i) required to comply with the reporting requirements that a candidate for office is
1053 
required to comply with; and
1054 
(ii) subject to the same enforcement provisions, and civil and criminal penalties, that
1055 
apply to a candidate for office in relation to the reporting requirements described
1056 
in Subsection (11)(b)(i).
1057 
(c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), or
1058 
Subsections (8) and (10)(b), the election officer shall, no later than one day before the
1059 
day on which the qualified political party holds the convention to select a nominee
1060 
for the elective office to which the signature packets relate, notify the qualified
1061 
political party and the lieutenant governor of the name of each member of the
1062 
qualified political party who qualifies as a nominee of the qualified political party,
1063 
under this section, for the elective office to which the convention relates.
1064 
(d) Upon receipt of a notice of intent to gather signatures for candidacy described in this
1065 
section, the lieutenant governor shall post the notice of intent to gather signatures for
1066 
candidacy on the lieutenant governor's website in the same location that the
1067 
lieutenant governor posts a declaration of candidacy.
1068 
Section 12.  Section 53G-3-301.1 is amended to read:
1069 
53G-3-301.1 . Creation of a new school district -- Citizens' petition -- Procedures
1070 
to be followed -- Removal or reinstatement of signature.
1071 
(1) Citizens may file a petition to create a new school district in accordance with this
1072 
section and Section 53G-3-301.
1073 
(2)(a) The county clerk shall ensure that a petition described in Subsection (1) is signed
1074 
by registered voters residing within the geographical boundaries of the proposed new
1075 
school district in an amount equal to at least 10% of all votes cast within the
1076 
geographic boundaries of the proposed new school district for all candidates for
1077 
president of the United States at the last regular general election at which a president
1078 
of the United States was elected.
1079 
(b) The sponsors of a petition described in Subsection (1) shall file the petition with the
1080 
clerk of each county in which any part of the proposed new school district is located.
1081 
(c) The petition sponsors shall ensure that the petition described in Subsection (1):
- 32 - Enrolled Copy	S.B. 53
1082 
(i) indicates the typed or printed name and current residence address of each voter
1083 
who signs the petition;
1084 
(ii) describes the proposed new school district boundaries; and
1085 
(iii) designates up to five signers of the petition as sponsors, designating one as the
1086 
contact sponsor, with the mailing address and telephone number of each.
1087 
(3)(a)(i) A signer of a petition described in Subsection (1) may [withdraw] remove or,
1088 
once removed[withdrawn], reinstate the signer's signature by filing a written
1089 
statement requesting [for withdrawal] removal or reinstatement with the county
1090 
clerk no later than three business days after the day on which the petition is filed
1091 
with the county clerk.
1092 
(ii) A statement described in Subsection (3)(a)(i) shall comply with the requirements
1093 
described in Subsection 20A-1-1003(2).
1094 
(iii) The county clerk shall use the procedures described in Subsection 20A-1-1003(3)
1095 
to determine whether to remove or reinstate an individual's signature from a
1096 
petition after receiving a timely, valid statement.
1097 
(b) The county clerk shall use the procedures described in Section 20A-1-1002 to
1098 
determine whether the petition has been signed by the required number of registered
1099 
voters residing within the geographical boundaries of the proposed new school
1100 
district.
1101 
(4) Within 14 days after the day on which a petition described in Subsection (1) is filed, the
1102 
clerk of each county with which the request or petition is filed shall:
1103 
(a) determine whether the petition complies with Subsections (2) and (3), as applicable,
1104 
and Section 53G-3-301; and
1105 
(b)(i) if the county clerk determines that the request or petition complies with the
1106 
applicable requirements:
1107 
(A) certify the petition and deliver the certified petition to the county legislative
1108 
body; and
1109 
(B) mail or deliver written notification of the certification to the contact sponsor;
1110 
or
1111 
(ii) if the county clerk determines that the petition fails to comply with any of the
1112 
applicable requirements, reject the petition and notify the contact sponsor in
1113 
writing of the rejection and reasons for the rejection.
1114 
(5)(a) If the county clerk fails to certify or reject a petition within the time specified in
1115 
Subsection (4), the petition is considered to be certified.
- 33 - S.B. 53	Enrolled Copy
1116 
(b) If the county clerk rejects a petition, the individual who submitted the petition may
1117 
amend the petition to correct the deficiencies for which the county clerk rejected the
1118 
petition and refile the petition.
1119 
(6) Within 10 days after the day on which a county legislative body receives a certified
1120 
petition as described in Subsection (4) or (5), the county legislative body shall request
1121 
that the Legislative Audit Subcommittee consider prioritizing a feasibility study, as that
1122 
term is defined in Section 53G-3-102.
1123 
(7)(a) The county legislative body shall:
1124 
(i) provide for a 45-day public comment period to begin on the day the county
1125 
legislative body receives the study under Subsection (6); and
1126 
(ii) hold at least two public hearings, as defined in Section 10-9a-103, on the study
1127 
and recommendations.
1128 
(b) Within five business days after the day on which the public comment period ends,
1129 
the legislative body of each county with which a petition is filed shall vote on the
1130 
creation of the proposed new school district.
1131 
(c) A county legislative body approves a petition proposing a new school district if a
1132 
majority of the members of the legislative body vote in favor of the petition.
1133 
(8)(a) Within five business days after the day on which a county legislative body
1134 
approves a petition proposing a new school district under Subsection (7), the county
1135 
legislative body shall provide notice of the approval and a copy of the petition to
1136 
which the approval relates to the county clerk of each county described in Subsection
1137 
(2)(b).
1138 
(b) If each county described in Subsection (2)(b) approves a petition proposing a new
1139 
school district, the county clerks of the counties shall submit the proposal for the
1140 
creation of a new school district to all legal voters in the existing school district for
1141 
approval or rejection at the next regular general election that is at least 65 days after
1142 
the day on which all of the counties described in Subsection (2)(b) have complied
1143 
with Subsection (8)(a).
1144 
(c) The new school district proposed in the petition and the reorganized new school
1145 
district are created if a majority of the voters in the existing school district vote in
1146 
favor of creating the new school district.
1147 
Section 13.  Effective Date.
1148 
This bill takes effect on May 7, 2025.
- 34 -