Utah Code § 20A-7-206 : — ELECTION CODEISSUES SUBMITTED TO THE VOTERS —7-206 - Manual initiative process - Submitting the initiative petition - Certification of signatures by the county clerks - Transfer to lieutenant governor

(1) This section applies only to the manual initiative process.

(2)

(a) The sponsors, or an agent of the sponsors, shall submit a signed and verified initiative packet to the county clerk of the county in which the packet was circulated before 5 p.m. no later than the earlier of:

(i) 30 days after the day on which the first individual signs the initiative packet;

(ii) 316 days after the day on which the application for the initiative petition is filed; or

(iii) the February 15 immediately before the next regular general election immediately after the application is filed under Section 20A-7-202.

(b) A person may not submit an initiative packet after the deadline described in Subsection (2)(a).

(c) Before delivering a packet to the county clerk under Subsection (2), the sponsors shall send an email to each individual who provides a legible, valid email address on the form described in Subsection 20A-7-203(3)(d) that includes the following:

(i) the subject of the email shall include the following statement, "Notice Regarding Your Petition Signature";

(ii) the body of the email shall include the following statement in 12-point type:

"You signed a petition for the following initiative:

[insert title of initiative]

To access a copy of the initiative petition, the initiative, the fiscal impact statement, and information on the deadline for removing your signature from the petition, please visit the following link: [insert a uniform resource locator that takes the individual directly to the page on the lieutenant governor's website that includes the information referred to in the email]."

(d) When the sponsors submit the final signature packet to the county clerk, the sponsors shall submit to the county clerk the following written verification, completed and signed by each of the sponsors:

Verification of initiative sponsor

State of Utah, County of __________

I, ____________, of ____________, hereby state, under penalty of perjury, that:

I am a sponsor of the initiative petition entitled __________________________;

I sent, or caused to be sent, to each individual who provided a legible, valid email address on a signature packet submitted to the county clerk in relation to the initiative petition, the email described in Utah Code Subsection 20A-7-206(2)(c).

____________________________________________________________________________

(Name) (Residence Address) (Date)

(e) Signatures gathered for the initiative petition are not valid if the sponsors do not comply with this Subsection (2).

(3) The county clerk shall, within 21 days after the day on which the county clerk receives the packet:

(a) determine whether each signer is a registered voter according to the requirements of Section 20A-7-206.3;

(b) certify on the petition whether each name is that of a registered voter;

(c) except as provided in Subsection (4), post the name , voter identification number, and date of signature of each registered voter certified under Subsection (3)(b) on the lieutenant governor's website, in a conspicuous location designated by the lieutenant governor; and

(d) deliver the verified initiative packet to the lieutenant governor.

(4)

(a) If the county clerk timely receives a statement requesting signature removal under Subsection 20A-7-205(4), the county clerk shall:

(i) ensure that the voter's name , voter identification number, and date of signature are not included in the posting described in Subsection (3)(c); and

(ii) remove the voter's signature from the signature packets and signature packet totals.

(b) The county clerk shall comply with Subsection (4)(a) before the later of:

(i) the deadline described in Subsection (3); or

(ii) two business days after the day on which the county clerk receives a statement requesting signature removal under Subsection 20A-7-205(4).

(5) The county clerk may not certify a signature under Subsection (3):

(a) on an initiative packet that is not verified in accordance with Section 20A-7-205; or

(b) that does not have a date of signature next to the signature.

(6) A person may not retrieve an initiative packet from a county clerk, or make any alterations or corrections to an initiative packet, after the initiative packet is submitted to the county clerk.

Utah Code § 20A-7-206

Amended by Chapter 325, 2022 General Session ,§ 11, eff. 1/1/2023.

Amended by Chapter 418, 2021 General Session ,§ 6, eff. 5/5/2021.

Amended by Chapter 140, 2021 General Session ,§ 11, eff. 5/5/2021.

Amended by Chapter 349, 2020 General Session ,§ 1, eff. 5/12/2020.

Amended by Chapter 166, 2020 General Session ,§ 1, eff. 5/12/2020.

Amended by Chapter 210, 2019 General Session ,§ 5, eff. 5/14/2019.

Amended by Chapter 231, 2013 General Session ,§ 1, eff. 5/14/2013.

Amended by Chapter 17, 2011 General Session