Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 22 Sixth Substitute (2017GS)

Sponsor

Rep. Greene, B.

Final action

House/ filed 3/9/2017

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• establishes a procedure for an individual to remove the individual's signature from a candidate nomination petition;
• recodifies and clarifies criminal provisions relating to a candidate nomination petition;
• provides that criminal provisions relating to a candidate nomination petition apply to both a candidate nomination petition for a registered political party and a candidate nomination petition for a qualified political party;
• imposes criminal and civil penalties when a signature gatherer intentionally misrepresents the purpose of a nomination petition or certain other information relating to the petition;
• requires a signature gatherer to display certain information relating to a candidate for whom they are collecting signatures; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

NOMINATION PETITION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brian M. Greene
Senate Sponsor: 
____________
LONG TITLE
Committee Note:
The Government Operations Interim Committee recommended this bill.
General Description:
This bill amends provisions of the Election Code relating to a petition to nominate a
candidate for office.
Highlighted Provisions:
This bill:
▸ establishes a procedure for an individual to remove the individual's signature from a
candidate nomination petition;
▸ recodifies and clarifies criminal provisions relating to a candidate nomination
petition;
▸ provides that criminal provisions relating to a candidate nomination petition apply
to both a candidate nomination petition for a registered political party and a
candidate nomination petition for a qualified political party;
▸ imposes criminal and civil penalties when a signature gatherer intentionally
misrepresents the purpose of a nomination petition or certain other information
relating to the petition;
▸ requires a signature gatherer to display certain information relating to a candidate
for whom they are collecting signatures; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-9-403
, as last amended by Laws of Utah 2016, Chapter 28
20A-9-405
, as enacted by Laws of Utah 2014, Chapter 17
20A-9-408
, as last amended by Laws of Utah 2016, Chapter 28
20A-9-411
, as enacted by Laws of Utah 2015, Chapter 296
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-9-403
 is amended to read:
20A-9-403.
Regular primary elections.
(1) (a) Candidates for elective office that are to be filled at the next regular general
election shall be nominated in a regular primary election by direct vote of the people in the
manner prescribed in this section. The fourth Tuesday of June of each even-numbered year is
designated as regular primary election day. Nothing in this section shall affect a candidate's
ability to qualify for a regular general election's ballot as an unaffiliated candidate under
Section 
20A-9-501
 or to participate in a regular general election as a write-in candidate under
Section 
20A-9-601
.
(b) Each registered political party that chooses to have the names of its candidates for
elective office featured with party affiliation on the ballot at a regular general election shall
comply with the requirements of this section and shall nominate its candidates for elective
office in the manner prescribed in this section.
(c) A filing officer may not permit an official ballot at a regular general election to be
produced or used if the ballot denotes affiliation between a registered political party or any
other political group and a candidate for elective office who was not nominated in the manner
prescribed in this section or in Subsection 
20A-9-202
(4).
(d) Unless noted otherwise, the dates in this section refer to those that occur in each
even-numbered year in which a regular general election will be held.
(2) (a) Each registered political party, in a statement filed with the lieutenant governor,
shall:
(i) either declare their intent to participate in the next regular primary election or
declare that the registered political party chooses not to have the names of its candidates for
elective office featured on the ballot at the next regular general election; and
(ii) if the registered political party participates in the upcoming regular primary
election, identify one or more registered political parties whose members may vote for the
registered political party's candidates and whether [
or not persons
] 
individuals
 identified as
unaffiliated with a political party may vote for the registered political party's candidates.
(b) (i) A registered political party that is a continuing political party must file the
statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
November 15 of each odd-numbered year.
(ii) An organization that is seeking to become a registered political party under Section
20A-8-103
 must file the statement described in Subsection (2)(a) at the time that the registered
political party files the petition described in Section 
20A-8-103
.
(3) (a) Except as provided in Subsection (3)(e), [
a person who has submitted
] 
an
individual who submits
 a declaration of candidacy under Section 
20A-9-202
 shall appear as a
candidate for elective office on the regular primary ballot of the registered political party listed
on the declaration of candidacy only if the [
person
] 
individual
 is certified by the appropriate
filing officer as having submitted a set of nomination petitions that was:
(i) circulated and completed in accordance with Section 
20A-9-405
; and
(ii) signed by at least two percent of the registered political party's members who reside
in the political division of the office that the [
person
] 
individual
 seeks.
(b) A candidate for elective office shall submit nomination petitions to the appropriate
filing officer for verification and certification no later than 5 p.m. on the final day in March. 
Candidates may supplement their submissions at any time on or before the filing deadline.
(c) The lieutenant governor shall determine for each elective office the total number of
signatures that must be submitted under Subsection (3)(a)(ii) by counting the aggregate number
of [
persons
] 
individuals
 residing in each elective office's political division who have designated
a particular registered political party on their voter registration forms as of November 1 of each
odd-numbered year. The lieutenant governor shall publish this determination for each elective
office no later than November 15 of each odd-numbered year.
(d) The filing officer shall
, subject to Section 
20A-9-411
:
(i) verify signatures on nomination petitions
:
(A) no sooner than February 20; and
(B)
 in a transparent and orderly manner;
(ii) for all qualifying candidates for elective office who submitted nomination petitions
to the filing officer, issue certifications referenced in Subsection (3)(a) no later than 5 p.m. on
the first Monday after the third Saturday in April;
(iii) consider active and inactive voters eligible to sign nomination petitions;
(iv) consider [
a person
] 
an individual
 who signs a nomination petition a member of a
registered political party for purposes of Subsection (3)(a)(ii) if the [
person has designated
]
individual designates
 that registered political party as the [
person's
] 
individual's
 party
membership on the [
person's
] 
individual's most recent
 voter registration form 
that was signed
by the individual on or before the day on which the individual signs the nomination petition
;
and
(v) utilize procedures described in Section 
20A-7-206.3
 to verify submitted nomination
petition signatures, or use statistical sampling procedures to verify submitted nomination
petition signatures pursuant to rules made under Subsection (3)(f).
(e) Notwithstanding any other provision in this Subsection (3), a candidate for
lieutenant governor may appear on the regular primary ballot of a registered political party
without submitting nomination petitions if the candidate files a declaration of candidacy and
complies with Subsection 
20A-9-202
(3).
(f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
director of elections, within the Office of the Lieutenant Governor, shall make rules that:
(i) provide for the use of statistical sampling procedures that:
(A) filing officers are required to use to verify signatures under Subsection (3)(d); and
(B) reflect a bona fide effort to determine the validity of a candidate's entire
submission, using widely recognized statistical sampling techniques; and
(ii) provide for the transparent, orderly, and timely submission, verification, and
certification of nomination petition signatures.
(g) The county clerk shall:
(i) review the declarations of candidacy filed by candidates for local boards of
education to determine if more than two candidates have filed for the same seat;
(ii) place the names of all candidates who have filed a declaration of candidacy for a
local board of education seat on the nonpartisan section of the ballot if more than two
candidates have filed for the same seat; and
(iii) determine the order of the local board of education candidates' names on the ballot
in accordance with Section 
20A-6-305
.
(h) An individual who collects signatures for a candidate under this section shall, while
collecting the signatures, wear or carry a hat, shirt, tag, sign, or other item that contains the
following information, plainly visible to an individual from whom the signature gatherer is
requesting a signature:
(i) the name of each individual on whose behalf the signature gatherer is collecting
signatures; and
(ii) the following information for each individual described in Subsection (3)(h)(i):
(A) the party for which the individual is seeking nomination;
(B) the office that the individual is seeking; and
(C) if applicable, the district in which the individual is running for office.
(4) (a) By 5 p.m. on the first Wednesday after the third Saturday in April, the lieutenant
governor shall provide to the county clerks:
(i) a list of the names of all candidates for federal, constitutional, multi-county, and
county offices who have received certifications under Subsection (3), along with instructions
on how those names shall appear on the primary-election ballot in accordance with Section
20A-6-305
; and
(ii) a list of unopposed candidates for elective office who have been nominated by a
registered political party under Subsection (5)(c) and instruct the county clerks to exclude such
candidates from the primary-election ballot.
(b) A candidate for lieutenant governor and a candidate for governor campaigning as
joint-ticket running mates shall appear jointly on the primary-election ballot.
(c) After the county clerk receives the certified list from the lieutenant governor under
Subsection (4)(a), the county clerk shall post or publish a primary election notice in
substantially the following form:
"Notice is given that a primary election will be held Tuesday, June ____,
________(year), to nominate party candidates for the parties and candidates for nonpartisan
State Board of Education and local school board positions listed on the primary ballot. The
polling place for voting precinct ____ is ____. The polls will open at 7 a.m. and continue open
until 8 p.m. of the same day. Attest: county clerk."
(5) (a) Candidates, other than presidential candidates, receiving the highest number of
votes cast for each office at the regular primary election are nominated by their registered
political party for that office or are nominated as a candidate for a nonpartisan State Board of
Education or local school board position.
(b) If two or more candidates, other than presidential candidates, are to be elected to
the office at the regular general election, those party candidates equal in number to positions to
be filled who receive the highest number of votes at the regular primary election are the
nominees of their party for those positions.
(c) A candidate who is unopposed for an elective office in the regular primary election
of a registered political party is nominated by the party for that office without appearing on the
primary ballot. A candidate is "unopposed" if no [
person
] 
individual
 other than the candidate
has received a certification under Subsection (3) for the regular primary election ballot of the
candidate's registered political party for a particular elective office.
(6) (a) When a tie vote occurs in any primary election for any national, state, or other
office that represents more than one county, the governor, lieutenant governor, and attorney
general shall, at a public meeting called by the governor and in the presence of the candidates
involved, select the nominee by lot cast in whatever manner the governor determines.
(b) When a tie vote occurs in any primary election for any county office, the district
court judges of the district in which the county is located shall, at a public meeting called by
the judges and in the presence of the candidates involved, select the nominee by lot cast in
whatever manner the judges determine.
(7) The expense of providing all ballots, blanks, or other supplies to be used at any
primary election provided for by this section, and all expenses necessarily incurred in the
preparation for or the conduct of that primary election shall be paid out of the treasury of the
county or state, in the same manner as for the regular general elections.
(8) An individual may not file a declaration of candidacy for a registered political party
of which the individual is not a member, except to the extent that the registered political party
permits otherwise under the registered political party's bylaws.
Section 2. Section 
20A-9-405
 is amended to read:
20A-9-405.
Nomination petitions for regular primary elections.
(1) This section [
shall apply
] 
applies
 to the form and circulation of nomination
petitions for regular primary elections described in Subsection 
20A-9-403
(3)(a).
(2) A candidate for elective office, and the agents of the candidate, may not circulate
nomination petitions until the candidate has submitted a declaration of candidacy in accordance
with Subsection 
20A-9-202
(1).
(3) The nomination petitions shall be in substantially the following form:
(a) the petition shall be printed on paper 8-1/2 inches long and 11 inches wide;
(b) the petition shall be ruled with a horizontal line 3/4 inch from the top, with the
space above that line blank for purposes of binding;
(c) the petition shall be headed by a caption stating the purpose of the petition and the
name of the proposed candidate;
(d) the petition shall feature the word "Warning" followed by the following statement
in no less than eight-point, single leaded type: "It is a class A misdemeanor for anyone to
knowingly sign a certificate of nomination signature sheet with any name other than the
[
person's
] 
individual's
 own name or more than once for the same candidate or if the [
person
]
individual
 is not registered to vote in this state and does not intend to become registered to vote
in this state before signatures are certified by a filing officer.";
(e) the petition shall feature 10 lines spaced one-half inch apart and consecutively
numbered one through 10;
(f) the signature portion of the petition shall be divided into columns headed by the
following titles:
(i) Registered Voter's Printed Name;
(ii) Signature of Registered Voter;
(iii) Party Affiliation of Registered Voter;
(iv) Birth Date or Age (Optional);
(v) Street Address, City, Zip Code; and
(vi) Date of Signature; and
(g) a photograph of the candidate may appear on the nomination petition.
(4) If one or more nomination petitions are bound together, a page shall be bound to
the nomination petition(s) that features the following printed verification statement to be signed
and dated by the petition circulator:
"Verification
State of Utah, County of ____
I, ____, of ____, hereby state under that:
I am a Utah resident and am at least 18 years old;
All the names that appear on the signature sheets bound to this page were, to the best of
my knowledge, signed by the [
persons
] 
individuals
 who professed to be the [
persons
]
individuals
 whose names appear on the signature sheets, and each of [
them
] 
the individuals
signed the [
person's
] 
individual's
 name on the signature sheets in my presence;
I believe that each has printed and signed the [
person's
] 
individual's
 name and written
the [
person's
] 
individual's
 street address correctly, and that each signer is registered to vote in
Utah or will register to vote in Utah before the county clerk certifies the signatures on the
signature sheet."
(5) The lieutenant governor shall prepare and make public model nomination petition
forms and associated instructions.
(6) A nomination petition circulator must be at least18 years old and a resident of the
state, but may affiliate with any political party.
[
(7) It is unlawful for any person to:
]
[
(a) knowingly sign the nomination petition sheet described in Subsection (3):
]
[
(i) with any name other than the person's own name;
]
[
(ii) more than once for the same candidate; or
]
[
(iii) if the person is not registered to vote in this state and does not intend to become
registered to vote in this state prior to 5 p.m. on the final day in March;
]
[
(b) sign the verification of a certificate of nomination signature sheet described in
Subsection (4) if the person:
]
[
(i) does not meet the residency requirements of Section 
20A-2-105
;
]
[
(ii) has not witnessed the signing by those persons whose names appear on the
certificate of nomination signature sheet; or
]
[
(iii) knows that a person whose signature appears on the certificate of nomination
signature sheet is not registered to vote in this state and does not intend to become registered to
vote in this state;
]
[
(c) pay compensation to any person to sign a nomination petition; or
]
[
(d) pay compensation to any person to circulate a nomination petition, if the
compensation is based directly on the number of signatures submitted to a filing officer rather
than on the number of signatures verified or on some other basis.
]
[
(8) Any person violating Subsection (7) is guilty of a class A misdemeanor.
]
[
(9) Withdrawal of petition signatures shall not be permitted.
]
Section 3. Section 
20A-9-408
 is amended to read:
20A-9-408.
Signature-gathering process to seek the nomination of a qualified
political party.
(1) This section describes the requirements for a member of a qualified political party
who is seeking the nomination of the qualified political party for an elective office through the
signature-gathering process described in this section.
(2) Notwithstanding Subsection 
20A-9-201
(4)(a), the form of the declaration of
candidacy for a member of a qualified political party who is nominated by, or who is seeking
the nomination of, the qualified political party under this section shall be substantially as
described in Section 
20A-9-408.5
.
(3) Notwithstanding Subsection 
20A-9-202
(1)(a), and except as provided in Subsection
20A-9-202
(4), a member of a qualified political party who, under this section, is seeking the
nomination of the qualified political party for an elective office that is to be filled at the next
general election shall:
(a) within the period beginning on January 1 before the next regular general election
and ending on the third Thursday in March of the same year, and before gathering signatures
under this section, file with the filing officer on a form approved by the lieutenant governor a
notice of intent to gather signatures for candidacy that includes:
(i) the name of the member who will attempt to become a candidate for a registered
political party under this section;
(ii) the name of the registered political party for which the member is seeking
nomination;
(iii) the office for which the member is seeking to become a candidate;
(iv) the address and telephone number of the member; and
(v) other information required by the lieutenant governor;
(b) file a declaration of candidacy, in person, with the filing officer on or after the
second Friday in March and before 5 p.m. on the third Thursday in March before the next
regular general election; and
(c) pay the filing fee.
(4) Notwithstanding Subsection 
20A-9-202
(2)(a), a member of a qualified political
party who, under this section, is seeking the nomination of the qualified political party for the
office of district attorney within a multicounty prosecution district that is to be filled at the next
general election shall:
(a) on or after January 1 before the next regular general election, and before gathering
signatures under this section, file with the filing officer on a form approved by the lieutenant
governor a notice of intent to gather signatures for candidacy that includes:
(i) the name of the member who will attempt to become a candidate for a registered
political party under this section;
(ii) the name of the registered political party for which the member is seeking
nomination;
(iii) the office for which the member is seeking to become a candidate;
(iv) the address and telephone number of the member; and
(v) other information required by the lieutenant governor;
(b) file a declaration of candidacy, in person, with the filing officer on or after the
second Friday in March and before 5 p.m. on the third Thursday in March before the next
regular general election; and
(c) pay the filing fee.
(5) Notwithstanding Subsection 
20A-9-202
(3)(a)(iii), a lieutenant governor candidate
who files as the joint-ticket running mate of an individual who is nominated by a qualified
political party, under this section, for the office of governor shall submit a letter from the
candidate for governor that names the lieutenant governor candidate as a joint-ticket running
mate.
(6) The lieutenant governor shall ensure that the certification described in Subsection
20A-9-701
(1) also includes the name of each candidate nominated by a qualified political party
under this section.
(7) Notwithstanding Subsection 
20A-9-701
(2), the ballot shall, for each candidate who
is nominated by a qualified political party under this section, designate the qualified political
party that nominated the candidate.
(8) A member of a qualified political party may seek the nomination of the qualified
political party for an elective office by:
(a) complying with the requirements described in this section; and
(b) collecting signatures, on a form approved by the lieutenant governor, during the
period beginning on January 1 of an even-numbered year and ending 14 days before the day on
which the qualified political party's convention for the office is held, in the following amounts:
(i) for a statewide race, 28,000 signatures of registered voters in the state who are
permitted by the qualified political party to vote for the qualified political party's candidates in
a primary election;
(ii) for a congressional district race, 7,000 signatures of registered voters who are
residents of the congressional district and are permitted by the qualified political party to vote
for the qualified political party's candidates in a primary election;
(iii) for a state Senate district race, 2,000 signatures of registered voters who are
residents of the state Senate district and are permitted by the qualified political party to vote for
the qualified political party's candidates in a primary election;
(iv) for a state House district race, 1,000 signatures of registered voters who are
residents of the state House district and are permitted by the qualified political party to vote for
the qualified political party's candidates in a primary election;
(v) for a State Board of Education race, the lesser of:
(A) 2,000 signatures of registered voters who are residents of the State Board of
Education district and are permitted by the qualified political party to vote for the qualified
political party's candidates in a primary election; or
(B) 3% of the registered voters of the qualified political party who are residents of the
applicable State Board of Education district; and
(vi) for a county office race, signatures of 3% of the registered voters who are residents
of the area permitted to vote for the county office and are permitted by the qualified political
party to vote for the qualified political party's candidates in a primary election.
(9) (a) In order for a member of the qualified political party to qualify as a candidate
for the qualified political party's nomination for an elective office under this section, the
member shall:
(i) 
except as otherwise provided in Section 
20A-9-411
,
 collect the signatures on a form
approved by the lieutenant governor, using the same circulation and verification requirements
described in Sections 
20A-7-204
 and 
20A-7-205
; and
(ii) submit the signatures to the election officer no later than 14 days before the day on
which the qualified political party holds its convention to select candidates, for the elective
office, for the qualified political party's nomination.
(b) An individual may not gather signatures under this section until after the individual
files a notice of intent to gather signatures for candidacy described in this section.
(c) An individual who files a notice of intent to gather signatures for candidacy,
described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
the notice of intent to gather signatures for candidacy:
(i) required to comply with the reporting requirements that a candidate for office is
required to comply with; and
(ii) subject to the same enforcement provisions, and civil and criminal penalties, that
apply to a candidate for office in relation to the reporting requirements described in Subsection
(9)(c)(i).
(d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
election officer shall, 
no sooner than February 20, and
 no later than one day before the day on
which the qualified political party holds the convention to select a nominee for the elective
office to which the signature packets relate:
(i) check the name of each individual who completes the verification for a signature
packet to determine whether each individual is a resident of Utah and is at least 18 years old;
(ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
(iii) determine whether each signer is a registered voter who is qualified to sign the
petition, using the same method, described in Section 
20A-7-206.3
, used to verify a signature
on a petition;
(iv) certify whether each name is that of a registered voter who is qualified to sign the
signature packet; and
(v) notify the qualified political party and the lieutenant governor of the name of each
member of the qualified political party who qualifies as a nominee of the qualified political
party, under this section, for the elective office to which the convention relates.
(e) Upon receipt of a notice of intent to gather signatures for candidacy described in
this section, the lieutenant governor shall post the notice of intent to gather signatures for
candidacy on the lieutenant governor's website in the same location that the lieutenant governor
posts a declaration of candidacy.
(10) If a qualified political party restricts, based on party affiliation, the voters who are
eligible to vote for the qualified political party's candidates in a primary election, the election
officer shall determine a voter's party affiliation, for purposes of determining whether the
individual is qualified to sign a nomination petition, based on the declaration of party
affiliation made in the voter's most recent voter registration form that was signed by the voter
on or before the day on which the voter signed the nomination petition.
(11) An individual who collects signatures for a candidate under this section shall,
while collecting the signatures, wear or carry a hat, shirt, tag, sign, or other item that contains
the following information, plainly visible to an individual from whom the signature gatherer is
requesting a signature:
(a) the name of each individual on whose behalf the signature gatherer is collecting
signatures; and
(b) the following information for each individual described in Subsection (11)(a):
(i) the party for which the individual is seeking nomination;
(ii) the office that the individual is seeking; and
(iii) if applicable, the district in which the individual is running for office.
Section 4. Section 
20A-9-411
 is amended to read:
20A-9-411.
Signing multiple nomination petitions -- Removing signatures --
Unlawful conduct.
(1) An individual who signs a petition, described in Section 
20A-9-403
 or 
20A-9-408
,
to nominate a candidate may not sign a petition to nominate another candidate for the same
office.
(2) If an individual signs more than one petition in violation of Subsection (1), the
election officer may only count the signature on the first petition that the election officer
reviews for that office.
(3) (a) An individual who signs a petition, described in Section 
20A-9-403
 or
20A-9-408
, to nominate a candidate may remove the individual's signature from the petition by
submitting, to the filing officer who is required to verify the signatures on the petition, a
written request that the individual's signature be removed.
(b) The filing officer shall comply with a request described in Subsection (3)(a) if the
filing officer receives the request before the filing officer verifies the individual's signature.
(c) The filing officer may not comply with a request described in Subsection (3)(a) if:
(i) the filing officer receives the request after the deadline described in Subsection
(3)(b); or
(ii) the request does not comply with the requirements of this Subsection (3).
(d) The request described in Subsection (3)(a) shall include:
(i) the name of the individual;
(ii) the resident address at which the individual is registered to vote;
(iii) the name of the candidate from whose petition the individual desires the
individual's signature to be removed; and
(iv) the signature of the individual.
(4) An individual is guilty of a class A misdemeanor if the individual knowingly signs
a petition, described in Section 
20A-9-403
 or 
20A-9-408
:
(a) with a name other than the individual's own name; or
(b) more than once for the same candidate.
(5) An individual is guilty of a class A misdemeanor if at the time that the individual
signs a petition, described in Section 
20A-9-403
 or 
20A-9-408
, the individual:
(a) is not registered to vote in this state; and
(b) does not intend to become registered to vote in this state before the deadline for
submitting signatures for the petition.
(6) An individual who signs the verification for a signature sheet for a petition,
described in Section 
20A-9-403
 or 
20A-9-408
, is guilty of a class A misdemeanor if the
individual:
(a) does not meet the residency requirements described in Section 
20A-2-105
;
(b) did not witness the signing by the individuals whose names appear on the signature
sheet; or
(c) knows that an individual whose signature appears on the signature sheet is not
registered to vote in this state and does not intend to become registered to vote in this state.
(7) A person is guilty of a class A misdemeanor if the person:
(a) pays compensation to an individual to sign a nomination petition, described in
Section 
20A-9-403
 or 
20A-9-408
; or
(b) pays compensation to a person to circulate a nomination petition, if the
compensation is based directly on the number of signatures submitted to a filing officer rather
than on the number of signatures verified or on some other basis.
(8) A person that circulates a nomination petition, described in Section 
20A-9-403
 or
20A-9-408
, is guilty of a class A misdemeanor if the person intentionally misrepresents:
(a) the purpose of the petition;
(b) the name or political party of the candidate to be nominated by the petition;
(c) the office for which the candidate is seeking to be nominated by the petition; or
(d) that the candidate seeking nomination by the petition is or is not an incumbent of
the office for which the candidate is seeking nomination by the petition.
(9) (a) An election officer shall impose a $100 civil fine against a candidate if a person
who is authorized by the candidate or the candidate's campaign to circulate a nomination
petition for the candidate violates Subsection (8) in relation to the nomination petition.
(b) An election officer shall impose a separate fine under Subsection (9)(a) for each
violation of Subsection (8).
Legislative Review Note
Office of Legislative Research and General Counsel