Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 53 (2025GS)

Sponsor

Sen. Musselman, Calvin R.

Final action

Governor Signed 3/19/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• standardizes language related to a voter who, after signing a petition, seeks to remove the voter's signature from the petition;
• reduces the amount of time that the sponsors of a petition for incorporation that passes have to determine certain features of the new municipal government from 60 to 30 days;
• clarifies the deadline for a candidate for mayor or municipal council of a newly incorporating municipality to file a declaration of candidacy;
• clarifies that the county clerk determines whether to remove a voter's signature from a petition for incorporation of a municipality;
• repeals the in-state residency requirement for a signature-gatherer who circulates a petition on behalf of:
• an organization of registered voters seeking to become a registered political party; or
• a candidate for elective office seeking the nomination of a registered or qualified political party;
• repeals provisions related to the in-state residency requirement described above;
• for a regular primary or presidential primary election, or for certain regular general or statewide special elections, requires a board of canvassers to immediately transmit to the lieutenant governor certain vote total information;
• eliminates the requirement that a board of canvassers make the transmission described above by telephone, fax, or mail;
• establishes a process for a voter who signs a petition on behalf of a candidate for elective office seeking the nomination of a registered political party to have the voter's signature removed from the petition; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

34
10-2a-208
10-2a-213
10-2a-214
17B-1-205
17B-1-506
17B-1-1305
20A-4-304
20A-8-103
20A-9-203
20A-9-405
20A-9-408
53G-3-301.1
1
Election Code Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Calvin R. Musselman
House Sponsor: Stephanie Gricius
LONG TITLE
General Description:
This bill amends the Election Code and related provisions.
Highlighted Provisions:
This bill:
standardizes language related to a voter who, after signing a petition, seeks to remove the 
voter's signature from the petition;
reduces the amount of time that the sponsors of a petition for incorporation that passes 
have to determine certain features of the new municipal government from 60 to 30 days; 
clarifies the deadline for a candidate for mayor or municipal council of a newly 
incorporating municipality to file a declaration of candidacy;
clarifies that the county clerk determines whether to remove a voter's signature from a 
petition for incorporation of a municipality; 
repeals the in-state residency requirement for a signature-gatherer who circulates a 
petition on behalf of:
 an organization of registered voters seeking to become a registered political party; or
 a candidate for elective office seeking the nomination of a registered or qualified 
political party;
repeals provisions related to the in-state residency requirement described above;
for a regular primary or presidential primary election, or for certain regular general or 
statewide special elections, requires a board of canvassers to immediately transmit to the 
lieutenant governor certain vote total information;
eliminates the requirement that a board of canvassers make the transmission described 
above by telephone, fax, or mail;
establishes a process for a voter who signs a petition on behalf of a candidate for elective 
office seeking the nomination of a registered political party to have the voter's signature 
removed from the petition; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-2a-208
, as last amended by Laws of Utah 2023, Chapters 116, 224 and last amended 
by Coordination Clause, Laws of Utah 2023, Chapter 116
10-2a-213
, as last amended by Laws of Utah 2023, Chapters 224, 435 and last amended 
by Coordination Clause, Laws of Utah 2023, Chapter 224 and further amended by Revisor 
Instructions, Laws of Utah 2023, Chapter 224
10-2a-214
, as last amended by Laws of Utah 2023, Chapters 224, 435
17B-1-205
, as last amended by Laws of Utah 2024, Chapter 388
17B-1-506
, as last amended by Laws of Utah 2024, Chapter 388
17B-1-1305
, as last amended by Laws of Utah 2023, Chapters 15, 116
20A-4-304
, as last amended by Laws of Utah 2024, Chapter 503
20A-8-103
, as last amended by Laws of Utah 2023, Chapter 116
20A-9-203
, as last amended by Laws of Utah 2024, Chapter 465
20A-9-405
, as last amended by Laws of Utah 2022, Chapter 325
20A-9-408
, as last amended by Laws of Utah 2023, Chapter 116
53G-3-301.1
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 3
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
10-2a-208
 is amended to read:
10-2a-208
. Petition for incorporation -- Requirements and form -- Removal of 
signature.
(1)
At any time within one year after the day on which the county clerk completes the 
public hearings required under Section 
10-2a-207
, individuals within the proposed 
municipality may proceed with the incorporation process by circulating, and submitting 
to the county clerk, a petition for incorporation that, to be certified under Subsection 
10-2a-209(1)(b)(i)
, is required to be signed by:
(a)
10% of all registered voters within the area proposed to be incorporated as a 
municipality, as of the day on which the petition for incorporation is filed;
(b)
if the petition for incorporation proposes the incorporation of a city, and subject to 
Subsection 
(5)
, 10% of all registered voters within 90% of the voting precincts within 
the area proposed to be incorporated as a city, as of the day on which the petition for 
incorporation is filed; and
(c)
the owners of private real property that:
(i)
is located within the proposed municipality;
(ii)
covers at least 10% of the total private land area within the proposed 
municipality; and
(iii)
on January 1 of the current year, was equal in assessed fair market value to at 
least 7% of the assessed fair market value of all private real property within the 
proposed municipality.
(2)
The petition for incorporation shall:
(a)
include the typed or printed name and current residence address of each voter who 
signs the petition for incorporation;
(b)
describe the area proposed to be incorporated as a municipality, as described in the 
feasibility request or the modified feasibility request that complies with Subsection 
10-2a-205(5)(a)
;
(c)
state the proposed name for the proposed municipality;
(d)
designate five signers of the petition for incorporation as petition sponsors, one of 
whom is designated as the contact sponsor, with the mailing address and telephone 
number of each;
(e)
if the sponsors propose the incorporation of a city, state that the signers of the 
petition for incorporation appoint the sponsors, if the incorporation measure passes, 
to represent the signers in:
(i)
selecting the number of commission or council members the new city will have; 
and
(ii)
drawing district boundaries for the election of council members, if the voters 
decide to elect council members by district;
(f)
be accompanied by and circulated with an accurate plat or map, prepared by a 
licensed surveyor, showing the boundaries of the proposed municipality; and
(g)
substantially comply with and be circulated in the following form:
PETITION FOR INCORPORATION OF (insert the proposed name of the proposed 
municipality)
To the Honorable Lieutenant Governor and the [name of county legislative body]:
We, the undersigned registered voters within the area described in this petition for 
incorporation, respectfully petition the lieutenant governor and the county legislative body to 
submit to the registered voters residing within the area described in this petition for 
incorporation, at the next regular general election, the question of whether the area should 
incorporate as a municipality. Each of the undersigned affirms that each has personally signed 
this petition for incorporation and is a registered voter who resides within the described area, 
and that the current residence address of each is correctly written after the signer's name. The 
area proposed to be incorporated as a municipality is described as follows:[insert an accurate 
description of the area proposed to be incorporated].
(3)
(a)
Except as provided in Subsection 
(3)(b)
, a valid signature on a feasibility request 
described in Section 
10-2a-202
 or a modified feasibility request described in Section 
10-2a-206
 may be used toward fulfilling the signature requirement described in 
Subsection 
(1)
 if the feasibility request notified the signer in conspicuous language 
that the signature, unless 
withdrawn
removed
, would also be used for a petition for 
incorporation under this section.
(b)
A signature described in Subsection 
(3)(a)
 may not be used toward fulfilling the 
signature requirement described in Subsection 
(1)
 if the signer files with the county 
clerk a written 
withdrawal
statement requesting removal
 of the signature before the 
petition for incorporation is filed with the county clerk under this section.
(4)
(a)
A voter who signs a petition for incorporation may have the voter's signature 
removed from the petition by, no later than three business days after the day on 
which the petition for incorporation is submitted to the county clerk, submitting to 
the county clerk a statement requesting that the voter's signature be removed.
(b)
A statement described in Subsection 
(4)(a)
 shall comply with the requirements 
described in Subsection 
20A-1-1003(2)
.
(c)
The lieutenant governor shall use the procedures described in Subsection 
20A-1-1003(3)
 to determine whether to remove an individual's signature from a 
petition after receiving a timely, valid statement requesting removal of the signature.
(d)
(c)
The county clerk shall use the procedures described in Subsection 
20A-1-1003(3)
to determine whether to remove an individual's signature from a petition for 
incorporation after receiving a timely, valid statement requesting removal of the 
signature.
(5)
(a)
A signature does not qualify under Subsection 
(1)(b)
 if the signature is gathered 
from a voting precinct that:
(i)
except in a proposed municipality that will be a city of the fifth class, is not 
located entirely within the boundaries of a proposed city; or
(ii)
includes less than 50 registered voters.
(b)
A voting precinct that is not located entirely within the boundaries of the proposed 
city does not qualify as a voting precinct under Subsection 
(1)(b)
.
Section 2, Section 
10-2a-213
 is amended to read:
10-2a-213
. Determination of number of council members -- Determination of 
election districts -- Hearings and notice.
(1)
If the incorporation proposal passes, the sponsors of the petition for incorporation shall, 
within 
60
30
 days after the day on which the county conducts the canvass of the 
election under Section 
10-2a-212
:
(a)
for the incorporation of a city:
(i)
if the voters at the incorporation election choose the council-mayor form of 
government, determine the number of council members that will constitute the 
city council of the city; and
(ii)
if the voters at the incorporation election vote to elect council members by 
district, determine the number of council members to be elected by district and 
draw the boundaries of those districts, which shall be substantially equal in 
population; and
(b)
for the incorporation of any municipality:
(i)
determine the initial terms of the mayor and members of the municipal council so 
that:
(A)
the mayor and approximately half the members of the municipal council are 
elected to serve an initial term, of no less than one year, that allows the mayor's 
and members' successors to serve a full four-year term that coincides with the 
schedule established in Subsection 
10-3-205(1)
; and
(B)
the remaining members of the municipal council are elected to serve an initial 
term, of no less than one year, that allows the members' successors to serve a 
full four-year term that coincides with the schedule established in Subsection 
10-3-205(2)
; and
(ii)
submit in writing to the county legislative body the results of the determinations 
made by the sponsors under Subsections 
(1)(a)
 and 
(b)(i)
.
(2)
A newly incorporated town shall operate under the five-member council form of 
government as defined in Section 
10-3b-102
.
(3)
Before making a determination under Subsection 
(1)(a)
 or 
(b)(i)
, the sponsors of the 
petition for incorporation shall, under the direction of the county clerk, hold a public 
hearing within the future municipality on the applicable issues described in Subsections 
(1)(a)
 and 
(b)(i)
.
(4)
Notice of the public hearing described in Subsection 
(3)
 shall be provided as follows:
(a)
the county clerk shall provide notice for the future municipality, as a class B notice 
under Section 
63G-30-102
, for at least two weeks before the day of the public 
hearing; and
(b)
if the future municipality has a website, the sponsors of the petition for incorporation 
shall post notice on the future municipality's website for at least two weeks before the 
day of the public hearing.
(5)
The county clerk may bill the petition sponsors for the cost of preparing, printing, and 
publishing the notice described in Subsection 
(4)
.
Section 3, Section 
10-2a-214
 is amended to read:
10-2a-214
. Notice of number of commission or council members to be elected 
and of district boundaries -- Declaration of candidacy for municipal office.
(1)
Within 20 days after the day on which a county legislative body receives the 
determination described in Subsection 
10-2a-213(1)(b)(ii)
, the county clerk shall provide 
a notice, in accordance with Subsection 
(2)
, containing:
(a)
the number of municipal council members to be elected for the new municipality;
(b)
except as provided in Subsection 
(3)
, if some or all of the municipal council 
members are to be elected by district, a description of the boundaries of those 
districts;
(c)
information about the deadline for an individual to file a declaration of candidacy to 
become a candidate for mayor or municipal council; and
(d)
information about the length of the initial term of each of the municipal officers.
(2)
The county clerk shall provide the notice described in Subsection 
(1)
 for the future 
municipality, as a class B notice under Section 
63G-30-102
, for two weeks.
(3)
Instead of including a description of the district boundaries under Subsection 
(1)(b)
, the 
notice may include a statement that specifies the following sources where a resident of 
the future municipality may view or obtain a copy of the district boundaries:
(a)
the county website;
(b)
the physical address of the county clerk's office; and
(c)
a mailing address and telephone number.
(4)
Notwithstanding Subsection 
20A-9-203(3)(a)
, each individual seeking to become a 
candidate for mayor or municipal council of a municipality incorporating under this part 
shall file a declaration of candidacy with the clerk of the county in which the future 
municipality is located and in accordance with:
(a)
for an incorporation held on the date of a regular general election, the deadlines for 
filing a declaration of candidacy under Section 
20A-9-202
; or
(b)
for an incorporation held on the date of a municipal general election, the deadlines 
for filing a declaration of candidacy under Section 
20A-9-203
.
(4)
Each individual seeking to become a candidate for mayor or municipal council of a 
municipality incorporating under this part shall, in the year in which a final election 
described in Section 
10-2a-215
 is held, file a declaration of candidacy with the clerk of 
the county in which the future municipality is located and in accordance with:
(a)
for an election of officers of a new municipality held on the date of a regular general 
election, the deadlines for filing a declaration of candidacy under Section 
20A-9-202
; 
or
(b)
for an election of officers of a new municipality held on the date of a municipal 
general election, the deadlines for filing a declaration of candidacy under Section 
20A-9-203
.
Section 4, Section 
17B-1-205
 is amended to read:
17B-1-205
. Petition and request requirements -- Removal or reinstatement of 
signature.
(1)
Each petition and request shall:
(a)
indicate the typed or printed name and current residence address of each property 
owner, groundwater right owner, or registered voter signing the petition;
(b)
(i)
if it is a property owner request or petition, indicate the address of the property 
as to which the owner is signing the request or petition; or
(ii)
if it is a groundwater right owner request or petition, indicate the location of the 
diversion of the groundwater as to which the owner is signing the groundwater 
right owner request or petition;
(c)
describe the entire area of the proposed special district;
(d)
be accompanied by a map showing the boundaries of the entire proposed special 
district;
(e)
specify the service proposed to be provided by the proposed special district;
(f)
if the petition or request proposes the creation of a specialized special district, specify 
the type of specialized special district proposed to be created;
(g)
for a proposed basic special district:
(i)
state whether the members of the board of trustees will be elected or appointed or 
whether some members will be elected and some appointed, as provided in 
Section 
17B-1-1402
;
(ii)
if one or more members will be elected, state the basis upon which each elected 
member will be elected; and
(iii)
if applicable, explain how the election or appointment of board members will 
transition from one method to another based on stated milestones or events, as 
provided in Section 
17B-1-1402
;
(h)
for a proposed improvement district whose remaining area members or county 
members, as those terms are defined in Section 
17B-2a-404
, are to be elected, state 
that those members will be elected; 
(i)
for a proposed service area that is entirely within the unincorporated area of a single 
county, state whether the initial board of trustees will be:
(i)
the county legislative body;
(ii)
appointed as provided in Section 
17B-1-304
; or
(iii)
elected as provided in Section 
17B-1-306
;
(j)
designate up to five signers of the petition or request as sponsors, one of whom shall 
be designated as the contact sponsor, with the mailing address and telephone number 
of each;
(k)
if the petition or request is a groundwater right owner petition or request proposing 
the creation of a special district to acquire a groundwater right under Section 
17B-1-202
, explain the anticipated method:
(i)
of paying for the groundwater right acquisition; and
(ii)
of addressing blowing dust created by the reduced use of water; 
(l)
if the petition or request is a groundwater right owner petition or request proposing 
the creation of a special district to assess a groundwater right under Section 
17B-1-202
, explain the anticipated method:
(i)
of assessing the groundwater right and securing payment of the assessment; and
(ii)
of addressing blowing dust created by the reduced use of water; and
(m)
for a proposed infrastructure financing district:
(i)
state whether the members of the board of trustees will be elected or appointed or 
whether some members will be elected and some appointed;
(ii)
if one or more members will be elected, state the basis upon which each elected 
member will be elected;
(iii)
explain how appointed board member positions will transition to elected board 
member positions based on stated milestones or events, as provided in Section 
17B-2a-1303
;
(iv)
state whether divisions will be established within the boundary of the 
infrastructure financing district so that some or all board members represent a 
division rather than the district at large and, if so, describe the boundary of each 
division; and
(v)
if applicable, be accompanied by the governing document prepared according to 
Section 
17B-2a-1303
.
(2)
(a)
Subject to Subsection (2)(b), a signer of a request or petition may 
withdraw
remove
 or, once 
withdrawn
removed
, reinstate the signer's signature at any time 
before the filing of the request or petition by filing a written 
withdrawal or 
reinstatement
statement for removal or reinstatement
 with:
(i)
in the case of a request:
(A)
the clerk of the county or the clerk or recorder of the municipality in whose 
applicable area the signer's property is located, if the request is a property 
owner request;
(B)
the clerk of the county or the clerk or recorder of the municipality in whose 
applicable area the signer's groundwater diversion point is located, if the 
request is a groundwater right owner request; or
(C)
the clerk of the county or the clerk or recorder of the municipality in whose 
applicable area the signer resides, if the request is a registered voter request; or
(ii)
in the case of a petition, the responsible clerk.
(b)
The time for a signer of a petition for the creation of an infrastructure financing 
district to 
withdraw
remove
 or reinstate the signer's signature is any time before the 
petition is certified under Section 
17B-1-209
.
(3)
(a)
A clerk of the county who receives a timely, valid written 
withdrawal or 
reinstatement
statement for removal or reinstatement
 from a signer of a registered 
voter request or registered voter petition shall use the procedures described in 
Subsection 
20A-1-1003
(3) to determine whether to remove or reinstate the 
individual's signature.
(b)
If a municipal clerk or recorder receives a timely, valid written 
withdrawal or 
reinstatement
statement for removal or reinstatement
 from a signer of a registered 
voter request or registered voter petition, the clerk of the municipality's county shall 
assist the municipal clerk or recorder with determining whether to remove or 
reinstate the individual's signature using the procedures described in Subsection 
20A-1-1003
(3).
Section 5, Section 
17B-1-506
 is amended to read:
17B-1-506
. Withdrawal petition requirements -- Removal or reinstatement of 
signature.
(1)
Each petition under Section 
17B-1-504
 shall:
(a)
indicate the typed or printed name and current address of each owner of acre-feet of 
water, property owner, registered voter, or authorized representative of the governing 
body signing the petition;
(b)
separately group signatures by municipality and, in the case of unincorporated areas, 
by county;
(c)
if it is a petition signed by the owners of land, the assessment of which is based on 
acre-feet of water, indicate the address of the property and the property tax 
identification parcel number of the property as to which the owner is signing the 
request;
(d)
designate up to three signers of the petition as sponsors, or in the case of a petition 
filed under Subsection 
17B-1-504
(1)(a)(iv), designate a governmental representative 
as a sponsor, and in each case, designate one sponsor as the contact sponsor with the 
mailing address and telephone number of each;
(e)
state the reasons for withdrawal; and
(f)
when the petition is filed with the special district board of trustees, be accompanied 
by a map generally depicting the boundaries of the area proposed to be withdrawn 
and a legal description of the area proposed to be withdrawn.
(2)
(a)
The special district may prepare an itemized list of expenses, other than attorney 
expenses, that will necessarily be incurred by the special district in the withdrawal 
proceeding. The itemized list of expenses may be submitted to the contact sponsor. 
If the list of expenses is submitted to the contact sponsor within 21 days after receipt 
of the petition, the contact sponsor on behalf of the petitioners shall be required to 
pay the expenses to the special district within 90 days of receipt. Until funds to cover 
the expenses are delivered to the special district, the district will have no obligation to 
proceed with the withdrawal and the time limits on the district stated in this part will 
be tolled. If the expenses are not paid within the 90 days, or within 90 days from the 
conclusion of any arbitration under Subsection (2)(b), the petition requesting the 
withdrawal shall be considered to have been withdrawn.
(b)
If there is no agreement between the board of trustees of the special district and the 
contact sponsor on the amount of expenses that will necessarily be incurred by the 
special district in the withdrawal proceeding, either the board of trustees or the 
contact sponsor may submit the matter to binding arbitration in accordance with Title 
78B, Chapter 6, Part 2, Alternative Dispute Resolution Act; provided that, if the 
parties cannot agree upon an arbitrator and the rules and procedures that will control 
the arbitration, either party may pursue arbitration under Title 78B, Chapter 11, Utah 
Uniform Arbitration Act.
(3)
(a)
A signer of a petition may 
withdraw
remove
 or, once 
withdrawn
removed
, 
reinstate the signer's signature at any time before the public hearing under Section 
17B-1-508
 by submitting a written statement requesting 
withdrawal
removal
 or 
reinstatement with the board of trustees of the special district in which the area 
proposed to be withdrawn is located.
(b)
A statement described in Subsection (3)(a) shall comply with the requirements 
described in Subsection 
20A-1-1003
(2).
(c)
As applicable and using the procedures described in Subsection 
20A-1-1003
(3), the 
county clerk shall assist the board of trustees to determine whether to remove or 
reinstate a registered voter's signature after the voter submits a timely, valid statement 
described in Subsection (3)(a).
(4)
If it reasonably appears that, if the withdrawal which is the subject of a petition filed 
under Subsection 
17B-1-504
(1)(a)(i) or (ii) is granted, it will be necessary for a 
municipality to provide to the withdrawn area the service previously supplied by the 
special district, the board of trustees of the special district may, within 21 days after 
receiving the petition, notify the contact sponsor in writing that, before it will be 
considered by the board of trustees, the petition shall be presented to and approved by 
the governing body of the municipality as provided in Subsection 
17B-1-504
(1)(a)(iv) 
before it will be considered by the special district board of trustees. If the notice is 
timely given to the contact sponsor, the petition shall be considered to have been 
withdrawn until the municipality files a petition with the special district under 
Subsection 
17B-1-504
(1)(a)(iv).
(5)
(a)
After receiving the notice required by Subsection 
17B-1-504
(2), unless 
specifically allowed by law, a public entity may not make expenditures from public 
funds to support or oppose the gathering of signatures on a petition for withdrawal.
(b)
Nothing in this section prohibits a public entity from providing factual information 
and analysis regarding a withdrawal petition to the public, so long as the information 
grants equal access to both the opponents and proponents of the petition for 
withdrawal.
(c)
Nothing in this section prohibits a public official from speaking, campaigning, 
contributing personal money, or otherwise exercising the public official's 
constitutional rights.
(6)
Subsections (2), (3), (4), and (5) do not apply to a petition seeking the withdrawal of an 
area from an infrastructure financing district.
Section 6, Section 
17B-1-1305
 is amended to read:
17B-1-1305
. Petition certification -- Removal or reinstatement of signature.
(1)
Within 30 days after the filing of a petition under Subsection 
17B-1-1303(1)(a)
 or 
(2)
, 
the clerk shall:
(a)
with the assistance of officers of the county in which the special district is located 
from whom the clerk requests assistance, determine whether the petition meets the 
requirements of Section 
17B-1-1303
 and Subsection 
17B-1-1304(1)
; and
(b)
(i)
if the clerk determines that the petition complies with the requirements, certify 
the petition and mail or deliver written notification of the certification to the 
contact sponsor; or
(ii)
if the clerk determines that the petition fails to comply with any of the 
requirements, reject the petition and mail or deliver written notification of the 
rejection and the reasons for the rejection to the contact sponsor.
(2)
For a registered voter petition, the county clerk shall determine or shall assist a board of 
trustees or municipal clerk or recorder with determining whether a signer is a registered 
voter using the procedures described in Section 
20A-1-1002
.
(3)
(a)
If the clerk rejects a petition under Subsection 
(1)(b)(ii)
, the petition may be 
amended to correct the deficiencies for which it was rejected and then refiled.
(b)
A valid signature on a petition that was rejected under Subsection 
(1)(b)(ii)
 may be 
used toward fulfilling the applicable signature requirement of the petition as amended 
under Subsection 
(3)(a)
.
(4)
The clerk shall process an amended petition filed under Subsection 
(3)(a)
 in the same 
manner as an original petition under Subsection 
(1)
.
(5)
(a)
A signer of a petition may 
withdraw
remove
 or, once 
withdrawn
removed
, 
reinstate the signer's signature at any time before the public hearing under Section 
17B-1-1306
 by submitting a written statement requesting 
withdrawal
removal
 or 
reinstatement with the clerk.
(b)
For a registered voter petition:
(i)
a statement described in Subsection 
(5)(a)
 shall comply with the requirements 
described in Subsection 
20A-1-1003(2)
; and
(ii)
the county clerk shall determine or shall assist a board of trustees or municipal 
clerk or recorder with determining whether to remove or reinstate the signer's 
signature using the procedures described in Subsection 
20A-1-1003(3)
.
Section 7, Section 
20A-4-304
 is amended to read:
20A-4-304
. Declaration of results -- Canvassers' report.
(1)
(a)
Except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project, a 
board of canvassers shall declare "elected" or "nominated" those persons who:
(i)
had the highest number of votes; and
(ii)
sought election or nomination to an office completely within the board's 
jurisdiction.
(b)
Except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project, a 
board of canvassers shall declare a "tie vote" if:
(i)
two or more candidates for an office receive an equal and the highest number of 
votes for that office; or
(ii)
in a race for an at-large office:
(A)
two or more candidates receive an equal number of votes; and
(B)
a recount is necessary to determine which candidates are elected to the at-large 
office.
(c)
A board of canvassers shall declare:
(i)
"approved" those ballot propositions that:
(A)
had more "yes" votes than "no" votes; and
(B)
were submitted only to the voters within the board's jurisdiction; or
(ii)
"rejected" those ballot propositions that:
(A)
had more "no" votes than "yes" votes or an equal number of "no" votes and 
"yes" votes; and
(B)
were submitted only to the voters within the board's jurisdiction.
(d)
A board of canvassers shall:
(i)
certify the vote totals for persons and for and against ballot propositions that were 
submitted to voters within and beyond the board's jurisdiction and transmit those 
vote totals to the lieutenant governor; and
(ii)
if applicable, certify the results of each special district election to the special 
district clerk.
(2)
The election officer shall submit a report to the board of canvassers that includes the 
following information:
(a)
the total number of votes cast in the board's jurisdiction;
(b)
the names of each candidate whose name appeared on the ballot;
(c)
the title of each ballot proposition that appeared on the ballot;
(d)
each office that appeared on the ballot;
(e)
from each voting precinct:
(i)
the number of votes for each candidate;
(ii)
for each race conducted by instant runoff voting under Part 6, Municipal 
Alternate Voting Methods Pilot Project, the number of valid votes cast for each 
candidate for each potential ballot-counting phase and the name of the candidate 
excluded in each ballot-counting phase; and
(iii)
the number of votes for and against each ballot proposition;
(f)
the total number of votes given in the board's jurisdiction to each candidate, and for 
and against each ballot proposition;
(g)
standardized statistics, on a form provided by the lieutenant governor, disclosing:
(i)
the number of ballots counted;
(ii)
provisional ballots; and
(iii)
the number of ballots rejected;
(h)
a final ballot reconciliation report;
(i)
other information required by law to be provided to the board of canvassers; and
(j)
a statement certifying that the information contained in the report is accurate.
(3)
The election officer and the board of canvassers shall:
(a)
review the report to ensure that the report is correct; and
(b)
sign the report.
(4)
The election officer shall:
(a)
record or file the certified report in a book kept for that purpose;
(b)
prepare and transmit a certificate of nomination or election under the officer's seal to 
each nominated or elected candidate;
(c)
publish a copy of the certified report in accordance with Subsection (5); and
(d)
file a copy of the certified report with the lieutenant governor.
(5)
Except as provided in Subsection (6), the election officer shall, no later than seven days 
after the day on which the board of canvassers declares the election results, publicize the 
certified report described in Subsection (2) for the jurisdiction, as a class A notice under 
Section 
63G-30-102
, for at least seven days.
(6)
Instead of including a copy of the entire certified report, a notice required under 
Subsection (5) may contain a statement that:
(a)
includes the following: "The Board of Canvassers for [indicate name of jurisdiction] 
has prepared a report of the election results for the [indicate type and date of 
election]."; and
(b)
specifies the following sources where an individual may view or obtain a copy of the 
entire certified report:
(i)
if the jurisdiction has a website, the jurisdiction's website;
(ii)
the physical address for the jurisdiction; and
(iii)
a mailing address and telephone number.
(7)
When there has been a regular general or a statewide special election for statewide 
officers, for officers that appear on the ballot in more than one county, or for a statewide 
or two or more county ballot proposition, each board of canvassers shall
:
, immediately 
upon adjournment of the board, transmit to the lieutenant governor a report detailing the 
number of votes for each candidate and the number of votes for and against each ballot 
proposition.
(a)
prepare a separate report detailing the number of votes for each candidate and the 
number of votes for and against each ballot proposition; and
(b)
transmit the separate report by registered mail to the lieutenant governor.
(8)
In each county election, municipal election, school election, special district election, and 
local special election, the election officer shall transmit the reports to the lieutenant 
governor within 14 days after the date of the election.
(9)
In a regular primary election and in a presidential primary election, 
the board shall 
transmit to the lieutenant governor
the board of canvassers shall, immediately upon 
adjournment of the board, transmit to the lieutenant governor
:
(a)
the county totals for multi-county races
, to be telephoned or faxed to the lieutenant 
governor not later than the second Tuesday after the election
; and
(b)
a complete tabulation showing voting totals for all primary races, precinct by precinct
, to be mailed to the lieutenant governor on or before the third Friday following the 
primary election
.
Section 8, Section 
20A-8-103
 is amended to read:
20A-8-103
. Petition procedures -- Criminal penalty -- Removal of signature.
(1)
As used in this section, the proposed name or emblem of a registered political party is 
"distinguishable" if a reasonable person of average intelligence will be able to perceive a 
difference between the proposed name or emblem and any name or emblem currently 
being used by another registered political party.
(2)
To become a registered political party, an organization of registered voters that is not a 
continuing political party shall:
(a)
circulate a petition seeking registered political party status beginning no earlier than 
the date of the statewide canvass held after the last regular general election and 
ending before 5 p.m. no later than November 30 of the year before the year in which 
the next regular general election will be held;
(b)
file a petition with the lieutenant governor that is signed, with a holographic 
signature, by at least 2,000 registered voters before 5 p.m. no later than November 30 
of the year in which a regular general election will be held; and
(c)
file, with the petition described in Subsection 
(2)(b)
, a document certifying:
(i)
the identity of one or more registered political parties whose members may vote 
for the organization's candidates;
(ii)
whether unaffiliated voters may vote for the organization's candidates; and
(iii)
whether, for the next election, the organization intends to nominate the 
organization's candidates in accordance with the provisions of Section 
20A-9-406
.
(3)
The petition shall:
(a)
be on sheets of paper 8-1/2 inches long and 11 inches wide;
(b)
be ruled with a horizontal line 3/4 inch from the top, with the space above that line 
blank for the purpose of binding;
(c)
contain the name of the political party and the words "Political Party Registration 
Petition" printed directly below the horizontal line;
(d)
contain the word "Warning" printed directly under the words described in Subsection 
(3)(c)
;
(e)
contain, to the right of the word "Warning," the following statement printed in not less than 
eight-point, single leaded type:
"It is a class A misdemeanor for anyone to knowingly sign a political party registration 
petition signature sheet with any name other than the individual's own name or more than once 
for the same party or if the individual is not registered to vote in this state and does not intend 
to become registered to vote in this state before the petition is submitted to the lieutenant 
governor.";
(f)
contain the following statement directly under the statement described in Subsection 
(3)(e)
:
"POLITICAL PARTY REGISTRATION PETITION To the Honorable ____, 
Lieutenant Governor:
We, the undersigned citizens of Utah, seek registered political party status for ____ 
(name);
Each signer says:
I have personally signed this petition with a holographic signature;
I am registered to vote in Utah or will register to vote in Utah before the petition is 
submitted to the lieutenant governor;
I am or desire to become a member of the political party; and
My street address is written correctly after my name.";
(g)
be vertically divided into columns as follows:
(i)
the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be 
headed with "For Office Use Only," and be subdivided with a light vertical line 
down the middle;
(ii)
the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed 
Name (must be legible to be counted)";
(iii)
the next column shall be 2-1/2 inches wide, headed "Holographic Signature of 
Registered Voter";
(iv)
the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
(v)
the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip 
Code"; and
(vi)
at the bottom of the sheet, contain the following statement: "Birth date or age 
information is not required, but it may be used to verify your identity with voter 
registration records. If you choose not to provide it, your signature may not be 
certified as a valid signature if you change your address before petition signatures 
are certified or if the information you provide does not match your voter 
registration records.";
(h)
have a final page bound to one or more signature sheets that are bound together that 
contains the following printed statement:
"Verification
State of Utah, County of ____
I, _______________, of ____, hereby state 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 signed by 
individuals who professed to be the individuals whose names appear on the signature sheets, 
and each individual signed the individual's name on the signature sheets in my presence;
I believe that each individual has printed and signed the individual's name and written 
the individual's street address correctly, and that each individual is registered to vote in Utah or 
will register to vote in Utah before the petition is submitted to the lieutenant governor.
______________________________________________________________________
(Signature) 
(Residence Address)
(Date)"; and
(i)
be bound to a cover sheet that:
(i)
identifies the political party's name, which may not exceed four words, and the 
emblem of the party;
(ii)
states the process that the organization will follow to organize and adopt a 
constitution and bylaws; and
(iii)
is signed by a filing officer, who agrees to receive communications on behalf of 
the organization.
(4)
The filing officer described in Subsection 
(3)(i)(iii)
 shall ensure that the individual in 
whose presence each signature sheet is signed:
(a)
is at least 18 years old;
 and
(b)
meets the residency requirements of Section 
20A-2-105
; and
(c)
(b)
verifies each signature sheet by completing the verification bound to one or 
more signature sheets that are bound together.
(5)
An individual may not sign the verification if the individual signed a signature sheet 
bound to the verification.
(6)
The lieutenant governor shall:
(a)
use the procedures described in Section 
20A-1-1002
 to determine whether a signer is 
a registered voter;
(b)
review the proposed name and emblem to determine if they are "distinguishable" 
from the names and emblems of other registered political parties; and
(c)
certify the lieutenant governor's findings to the filing officer described in Subsection 
(3)(i)(iii)
 within 30 days of the filing of the petition.
(7)
(a)
If the lieutenant governor determines that the petition meets the requirements of 
this section, and that the proposed name and emblem are distinguishable, the 
lieutenant governor shall authorize the filing officer described in Subsection 
(3)(i)(iii)
to organize the prospective political party.
(b)
If the lieutenant governor finds that the name, emblem, or both are not 
distinguishable from the names and emblems of other registered political parties, the 
lieutenant governor shall notify the filing officer that the filing officer has seven days 
to submit a new name or emblem to the lieutenant governor.
(8)
A registered political party may not change its name or emblem during the regular 
general election cycle.
(9)
(a)
It is unlawful for an individual to:
(i)
knowingly sign a political party registration petition:
(A)
with any name other than the individual's own name;
(B)
more than once for the same political party; or
(C)
if the individual is not registered to vote in this state and does not intend to 
become registered to vote in this state before the petition is submitted to the 
lieutenant governor; or
(ii)
sign the verification of a political party registration petition signature sheet if the 
individual:
(A)
does not meet the residency requirements of Section 
20A-2-105
;
(B)
(A)
has not witnessed the signing by those individuals whose names appear 
on the political party registration petition signature sheet; or
(C)
(B)
knows that an individual whose signature appears on the political party 
registration petition signature sheet is not registered to vote in this state and 
does not intend to become registered to vote in this state.
(b)
An individual who violates this Subsection 
(9)
 is guilty of a class A misdemeanor.
(10)
(a)
A voter who signs a petition under this section may have the voter's signature 
removed from the petition by, no later than three business days after the day on 
which the petition is filed with the lieutenant governor, submitting to the lieutenant 
governor a statement requesting that the voter's signature be removed.
(b)
A statement described in Subsection 
(10)(a)
 shall comply with the requirements 
described in Subsection 
20A-1-1003(2)
.
(c)
The lieutenant governor shall use the procedures described in Subsection 
20A-1-1003(3)
 to determine whether to remove an individual's signature from a 
petition after receiving a timely, valid statement requesting removal of the signature.
Section 9, Section 
20A-9-203
 is amended to read:
20A-9-203
. Declarations of candidacy -- Municipal general elections -- 
Nomination petition -- Removal of signature.
(1)
An individual may become a candidate for any municipal office if:
(a)
the individual is a registered voter; and
(b)
(i)
the individual has resided within the municipality in which the individual seeks 
to hold elective office for the 12 consecutive months immediately before the date 
of the election; or
(ii)
the territory in which the individual resides was annexed into the municipality, 
the individual has resided within the annexed territory or the municipality the 12 
consecutive months immediately before the date of the election.
(2)
(a)
For purposes of determining whether an individual meets the residency 
requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than 
12 months before the election, the municipality is considered to have been 
incorporated 12 months before the date of the election.
(b)
In addition to the requirements of Subsection (1), each candidate for a municipal 
council position shall, if elected from a district, be a resident of the council district 
from which the candidate is elected.
(c)
In accordance with Utah Constitution, Article IV, Section 6, a mentally incompetent 
individual, an individual convicted of a felony, or an individual convicted of treason 
or a crime against the elective franchise may not hold office in this state until the 
right to hold elective office is restored under Section 
20A-2-101.3
 or 
20A-2-101.5
.
(3)
(a)
An individual seeking to become a candidate for a municipal office shall, 
regardless of the nomination method by which the individual is seeking to become a 
candidate:
(i)
except as provided in Subsection (3)(b)
, Section 
10-2a-214
,
 or Chapter 4, Part 6, 
Municipal Alternate Voting Methods Pilot Project, and subject to Subsection 
20A-9-404
(3)(e), file a declaration of candidacy, in person with the city recorder 
or town clerk, during the office hours described in Section 
10-3-301
 and not later 
than the close of those office hours, between June 1 and June 7 of any 
odd-numbered year; and
(ii)
pay the filing fee, if one is required by municipal ordinance.
(b)
Subject to Subsection (5)(b), an individual may designate an agent to file a 
declaration of candidacy with the city recorder or town clerk if:
(i)
the individual is located outside of the state during the entire filing period;
(ii)
the designated agent appears in person before the city recorder or town clerk;
(iii)
the individual communicates with the city recorder or town clerk using an 
electronic device that allows the individual and city recorder or town clerk to see 
and hear each other; and
(iv)
the individual provides the city recorder or town clerk with an email address to 
which the city recorder or town clerk may send the individual the copies described 
in Subsection (4).
(c)
Any resident of a municipality may nominate a candidate for a municipal office by:
(i)
except as provided in Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot 
Project, filing a nomination petition with the city recorder or town clerk during the 
office hours described in Section 
10-3-301
 and not later than the close of those 
office hours, between June 1 and June 7 of any odd-numbered year that includes 
signatures in support of the nomination petition of the lesser of at least:
(A)
25 registered voters who reside in the municipality; or
(B)
20% of the registered voters who reside in the municipality; and
(ii)
paying the filing fee, if one is required by municipal ordinance.
(4)
(a)
Before the filing officer may accept any declaration of candidacy or nomination 
petition, the filing officer shall:
(i)
read to the prospective candidate or individual filing the petition the constitutional 
and statutory qualification requirements for the office that the candidate is seeking;
(ii)
require the candidate or individual filing the petition to state whether the 
candidate meets the requirements described in Subsection (4)(a)(i); and
(iii)
inform the candidate or the individual filing the petition that an individual who 
holds a municipal elected office may not, at the same time, hold a county elected 
office.
(b)
If the prospective candidate does not meet the qualification requirements for the 
office, the filing officer may not accept the declaration of candidacy or nomination 
petition.
(c)
If it appears that the prospective candidate meets the requirements of candidacy, the 
filing officer shall:
(i)
inform the candidate that the candidate's name will appear on the ballot as it is 
written on the declaration of candidacy;
(ii)
provide the candidate with a copy of the current campaign financial disclosure 
laws for the office the candidate is seeking and inform the candidate that failure to 
comply will result in disqualification as a candidate and removal of the candidate's 
name from the ballot;
(iii)
provide the candidate with a copy of Section 
20A-7-801
 regarding the Statewide 
Electronic Voter Information Website Program and inform the candidate of the 
submission deadline under Subsection 
20A-7-801
(4)(a);
(iv)
inform the candidate that the candidate must provide the filing officer with an 
email address that the candidate actively monitors:
(A)
to receive a communication from a filing officer or an election officer; and
(B)
if the candidate wishes to display a candidate profile on the Statewide 
Electronic Voter Information Website, to submit to the website the 
biographical and other information described in Subsection 
20A-7-801
(4)(a)(ii);
(v)
inform the candidate that the email address described in Subsection (4)(c)(iv) is 
not a record under Title 63G, Chapter 2, Government Records Access and 
Management Act;
(vi)
obtain from the candidate the email address described in Subsection (4)(c)(iv);
(vii)
provide the candidate with a copy of the pledge of fair campaign practices 
described under Section 
20A-9-206
 and inform the candidate that:
(A)
signing the pledge is voluntary; and
(B)
signed pledges shall be filed with the filing officer; and
(viii)
accept the declaration of candidacy or nomination petition.
(d)
If the candidate elects to sign the pledge of fair campaign practices, the filing officer 
shall:
(i)
accept the candidate's pledge; and
(ii)
if the candidate has filed for a partisan office, provide a certified copy of the 
candidate's pledge to the chair of the county or state political party of which the 
candidate is a member.
(5)
(a)
The declaration of candidacy shall be in substantially the following form:
"I, (print name) ____, being first sworn and under penalty of perjury, say that I reside at 
____ Street, City of ____, County of ____, state of Utah, Zip Code ____, Telephone Number 
(if any) ____; that I am a registered voter; and that I am a candidate for the office of ____ 
(stating the term). I will meet the legal qualifications required of candidates for this office. If 
filing via a designated agent, I attest that I will be out of the state of Utah during the entire 
candidate filing period. I will file all campaign financial disclosure reports as required by law 
and I understand that failure to do so will result in my disqualification as a candidate for this 
office and removal of my name from the ballot. I request that my name be printed upon the 
applicable official ballots. (Signed) _______________
Subscribed and sworn to (or affirmed) before me by ____ on this 
__________(month\day\year).
(Signed) _______________ (Clerk or other officer qualified to administer oath)."
(b)
An agent designated under Subsection (3)(b) to file a declaration of candidacy may 
not sign the form described in Subsection (5)(a).
(c)
(i)
A nomination petition shall be in substantially the following form:
"NOMINATION PETITION
The undersigned residents of (name of municipality), being registered voters, nominate 
(name of nominee) for the office of (name of office) for the (length of term of office)."
(ii)
The remainder of the petition shall contain lines and columns for the signatures of 
individuals signing the petition and each individual's address and phone number.
(6)
If the declaration of candidacy or nomination petition fails to state whether the 
nomination is for the two-year or four-year term, the clerk shall consider the nomination 
to be for the four-year term.
(7)
(a)
(i)
The clerk shall verify with the county clerk that all candidates are 
registered voters.
(b)
With the assistance of the county clerk, and using the procedures described in 
Section 
20A-1-1002
, the municipal clerk shall determine whether the required 
number of signatures of registered voters appears on a nomination petition.
(8)
Immediately after expiration of the period for filing a declaration of candidacy, the clerk 
shall:
(a)
publicize a list of the names of the candidates as they will appear on the ballot by 
publishing the list for the municipality, as a class A notice under Section 
63G-30-102
, 
for seven days; and
(b)
notify the lieutenant governor of the names of the candidates as they will appear on 
the ballot.
(9)
Except as provided in Subsection (10)(c), an individual may not amend a declaration of 
candidacy or nomination petition filed under this section after the candidate filing period 
ends.
(10)
(a)
A declaration of candidacy or nomination petition that an individual files under 
this section is valid unless a person files a written objection with the clerk before 5 
p.m. within 10 days after the last day for filing.
(b)
If a person files an objection, the clerk shall:
(i)
mail or personally deliver notice of the objection to the affected candidate 
immediately; and
(ii)
decide any objection within 48 hours after the objection is filed.
(c)
If the clerk sustains the objection, the candidate may, before 5 p.m. within three days 
after the day on which the clerk sustains the objection, correct the problem for which 
the objection is sustained by amending the candidate's declaration of candidacy or 
nomination petition, or by filing a new declaration of candidacy.
(d)
(i)
The clerk's decision upon objections to form is final.
(ii)
The clerk's decision upon substantive matters is reviewable by a district court if 
prompt application is made to the district court.
(iii)
The decision of the district court is final unless the Supreme Court, in the 
exercise of its discretion, agrees to review the lower court decision.
(11)
A candidate who qualifies for the ballot under this section may withdraw as a 
candidate by filing a written affidavit with the municipal clerk.
(12)
(a)
A voter who signs a nomination petition under this section may have the voter's 
signature removed from the petition by, no later than three business days after the day 
on which the petition is filed with the city recorder or municipal clerk, submitting to 
the municipal clerk a statement requesting that the voter's signature be removed.
(b)
A statement described in Subsection (12)(a) shall comply with the requirements 
described in Subsection 
20A-1-1003
(2).
(c)
With the assistance of the county clerk and using the procedures described in 
Subsection 
20A-1-1003
(3), the municipal clerk shall determine whether to remove an 
individual's signature from a petition after receiving a timely, valid statement 
requesting removal of the signature.
Section 10, Section 
20A-9-405
 is amended to read:
20A-9-405
. Nomination petitions for regular primary elections.
(1)
This section 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)
For the manual candidate qualification process, 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 nomination petition with any name other than the person's own 
name, or more than once for the same candidate, or if the person is not registered to 
vote in this state.";
(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)
For the electronic candidate qualification process, the lieutenant governor shall design 
an electronic form, using progressive screens, that includes:
(a)
the following warning:
"Warning: It is a class A misdemeanor for anyone to knowingly sign a nomination 
petition with any name other than the person's own name, or more than once for the same 
candidate, or if the person is not registered to vote in this state."; and
(b)
the following information for each individual who signs the petition:
(i)
name;
(ii)
party affiliation;
(iii)
date of birth or age, (optional);
(iv)
street address, city, zip code;
(v)
date of signature;
(vi)
other information required under Section 
20A-21-201
; and
(vii)
other information required by the lieutenant governor.
(5)
For the manual candidate qualification process, 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 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 who professed to be the persons whose names appear on 
the signature sheets, and each of them signed the person's name on the signature sheets in my 
presence;
I believe that each has printed and signed the person's name and written the person's 
street address correctly, and that each signer is registered to vote in Utah."
(6)
The lieutenant governor shall prepare and make public model nomination petition forms 
and associated instructions.
(7)
A nomination petition circulator
 must be at least 18 years old and a resident of the 
state, but may affiliate with any political party.
:
(a)
must be at least 18 years old; and
(b)
may affiliate with any political party.
(8)
It is unlawful for any person to:
(a)
knowingly sign the nomination petition described in this section or Section 
20A-9-408
:
(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;
(b)
sign the verification of a signature for a nomination petition if the person:
(i)
does not meet the residency requirements of Section 
20A-2-105
;
(ii)
(i)
has not witnessed the signing by those persons whose names appear on the 
nomination petition; or
(iii)
(ii)
knows that a person whose signature appears on the nomination petition is 
not 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.
(9)
Any person violating Subsection 
(8)
 is guilty of a class A misdemeanor.
(10)
(a)
A voter who signs a nomination petition may have the voter's signature removed 
from the petition by, no later than three business days after the day on which the 
candidate files the petition with the appropriate filing officer, submitting to the filing 
officer a statement requesting that the voter's signature be removed.
(b)
A statement described in Subsection (10)(a) shall comply with the requirements 
described in Subsection 
20A-1-1003(2)
.
(c)
The filing officer shall use the procedures described in Subsection 
20A-1-1003(3)
 to 
determine whether to remove an individual's signature from a nomination petition 
after receiving a timely, valid statement requesting removal of the signature.
(10)
Withdrawal of petition signatures is prohibited.
Section 11, Section 
20A-9-408
 is amended to read:
20A-9-408
. Signature-gathering process to seek the nomination of a qualified 
political party -- Removal of signature.
(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(7)(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)
during the declaration of candidacy filing period described in Section 
20A-9-201.5
, 
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)
except as provided in Subsection 
20A-9-202(1)(c)
, file a declaration of candidacy, in 
person, with the filing officer during the declaration of candidacy filing period 
described in Section 
20A-9-201.5
; 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)
during the declaration of candidacy filing period described in Section 
20A-9-201.5
, 
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)
except as provided in Subsection 
20A-9-202(1)(c)
, file a declaration of candidacy, in 
person, with the filing officer during the declaration of candidacy filing period 
described in Section 
20A-9-201.5
; 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, during the declaration 
of candidacy filing period described in Section 
20A-9-201.5
, file a declaration of 
candidacy and 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 that complies 
with Subsection 
20A-9-405(3)
, during the period beginning on the day on which the 
member files a notice of intent to gather signatures and ending at 5 p.m. 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)
This Subsection 
(9)
 applies only to the manual candidate qualification process.
(b)
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, using 
the manual candidate qualification process, the member shall:
(i)
collect the signatures on a form approved by the lieutenant governor, using the 
same circulation and verification requirements described in Sections 
20A-7-105
and 
20A-7-204
; and
(ii)
submit the signatures to the election officer before 5 p.m. no later than 14 days 
before the day on which the qualified political party holds the party's convention 
to select candidates, for the elective office, for the qualified political party's 
nomination.
(c)
Upon timely receipt of the signatures described in Subsections 
(8)
 and 
(9)(b)
, the 
election officer shall, no later than the earlier of 14 days after the day on which the 
election officer receives the signatures, or 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)(c)(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)
with the assistance of the county clerk as applicable, determine whether each 
signer is a registered voter who is qualified to sign the petition, using the same 
method, described in Section 
20A-1-1002
, used to verify a signature on a petition; 
and
(iv)
certify whether each name is that of a registered voter who is qualified to sign the 
signature packet.
(d)
(i)
A registered voter who physically signs a form under Subsections 
(8)
 and 
(9)(b)
may have the voter's signature removed from the form by, no later than three 
business days after the day on which the member submits the signature form to the 
election officer, submitting to the election officer a statement requesting that the 
voter's signature be removed.
(ii)
A statement described in Subsection 
(9)(d)(i)
 shall comply with the requirements 
described in Subsection 
20A-1-1003(2)
.
(iii)
With the assistance of the county clerk as applicable, the election officer shall 
use the procedures described in Subsection 
20A-1-1003(3)
 to determine whether 
to remove an individual's signature after receiving a timely, valid statement 
requesting removal of the signature.
(10)
(a)
This Subsection 
(10)
 applies only to the electronic candidate qualification 
process.
(b)
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, before 5 p.m. no later than 14 days before the day on which the 
qualified political party holds the party's convention to select candidates, for the 
elective office, for the qualified political party's nomination, collect signatures 
electronically:
(i)
in accordance with Section 
20A-21-201
; and
(ii)
using progressive screens, in a format approved by the lieutenant governor, that 
complies with Subsection 
20A-9-405(4)
.
(c)
Upon timely receipt of the signatures described in Subsections 
(8)
 and 
(9)(b)
, the 
election officer shall, no later than the earlier of 14 days after the day on which the 
election officer receives the signatures, or 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 
to determine whether each individual 
is a resident of Utah and 
is at least 18 
years old; and
(ii)
submit the name of each individual described in Subsection 
(10)(c)(i)
 who is not 
a Utah resident or who is not 
at least 18 years old to the attorney general and the 
county attorney.
(11)
(a)
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.
(b)
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 
(11)(b)(i)
.
(c)
Upon timely receipt of the signatures described in Subsections 
(8)
 and 
(9)(b)
, or 
Subsections 
(8)
 and 
(10)(b)
, the election officer shall, 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, 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.
(d)
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.
Section 12, Section 
53G-3-301.1
 is amended to read:
53G-3-301.1
. Creation of a new school district -- Citizens' petition -- Procedures 
to be followed -- Removal or reinstatement of signature.
(1)
Citizens may file a petition to create a new school district in accordance with this 
section and Section 
53G-3-301
.
(2)
(a)
The county clerk shall ensure that a petition described in Subsection (1) is signed 
by registered voters residing within the geographical boundaries of the proposed new 
school district in an amount equal to at least 10% of all votes cast within the 
geographic boundaries of the proposed new school district for all candidates for 
president of the United States at the last regular general election at which a president 
of the United States was elected.
(b)
The sponsors of a petition described in Subsection (1) shall file the petition with the 
clerk of each county in which any part of the proposed new school district is located.
(c)
The petition sponsors shall ensure that the petition described in Subsection (1):
(i)
indicates the typed or printed name and current residence address of each voter 
who signs the petition;
(ii)
describes the proposed new school district boundaries; and
(iii)
designates up to five signers of the petition as sponsors, designating one as the 
contact sponsor, with the mailing address and telephone number of each.
(3)
(a)
(i)
A signer of a petition described in Subsection (1) may 
withdraw
remove
 or, 
once 
removed
withdrawn
, reinstate the signer's signature by filing a written 
statement requesting 
for withdrawal
removal
 or reinstatement with the county 
clerk no later than three business days after the day on which the petition is filed 
with the county clerk.
(ii)
A statement described in Subsection (3)(a)(i) shall comply with the requirements 
described in Subsection 
20A-1-1003
(2).
(iii)
The county clerk shall use the procedures described in Subsection 
20A-1-1003
(3) 
to determine whether to remove or reinstate an individual's signature from a 
petition after receiving a timely, valid statement.
(b)
The county clerk shall use the procedures described in Section 
20A-1-1002
 to 
determine whether the petition has been signed by the required number of registered 
voters residing within the geographical boundaries of the proposed new school 
district.
(4)
Within 14 days after the day on which a petition described in Subsection (1) is filed, the 
clerk of each county with which the request or petition is filed shall:
(a)
determine whether the petition complies with Subsections (2) and (3), as applicable, 
and Section 
53G-3-301
; and
(b)
(i)
if the county clerk determines that the request or petition complies with the 
applicable requirements:
(A)
certify the petition and deliver the certified petition to the county legislative 
body; and
(B)
mail or deliver written notification of the certification to the contact sponsor; 
or
(ii)
if the county clerk determines that the petition fails to comply with any of the 
applicable requirements, reject the petition and notify the contact sponsor in 
writing of the rejection and reasons for the rejection.
(5)
(a)
If the county clerk fails to certify or reject a petition within the time specified in 
Subsection (4), the petition is considered to be certified.
(b)
If the county clerk rejects a petition, the individual who submitted the petition may 
amend the petition to correct the deficiencies for which the county clerk rejected the 
petition and refile the petition.
(6)
Within 10 days after the day on which a county legislative body receives a certified 
petition as described in Subsection (4) or (5), the county legislative body shall request 
that the Legislative Audit Subcommittee consider prioritizing a feasibility study, as that 
term is defined in Section 
53G-3-102
.
(7)
(a)
The county legislative body shall:
(i)
provide for a 45-day public comment period to begin on the day the county 
legislative body receives the study under Subsection (6); and
(ii)
hold at least two public hearings, as defined in Section 
10-9a-103
, on the study 
and recommendations.
(b)
Within five business days after the day on which the public comment period ends, 
the legislative body of each county with which a petition is filed shall vote on the 
creation of the proposed new school district.
(c)
A county legislative body approves a petition proposing a new school district if a 
majority of the members of the legislative body vote in favor of the petition.
(8)
(a)
Within five business days after the day on which a county legislative body 
approves a petition proposing a new school district under Subsection (7), the county 
legislative body shall provide notice of the approval and a copy of the petition to 
which the approval relates to the county clerk of each county described in Subsection 
(2)(b).
(b)
If each county described in Subsection (2)(b) approves a petition proposing a new 
school district, the county clerks of the counties shall submit the proposal for the 
creation of a new school district to all legal voters in the existing school district for 
approval or rejection at the next regular general election that is at least 65 days after 
the day on which all of the counties described in Subsection (2)(b) have complied 
with Subsection (8)(a).
(c)
The new school district proposed in the petition and the reorganized new school 
district are created if a majority of the voters in the existing school district vote in 
favor of creating the new school district.
Section 13. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-12-25 1:36 PM