Utah Code 20A-7-203. Manual initiative process — Form of initiative petition and signature sheets
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
Terms Used In Utah Code 20A-7-203
- City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5 - Initial fiscal impact statement: means a financial statement prepared under Section
Utah Code 20A-7-101 - Initiative: means a new law proposed for adoption by the public as provided in this chapter. See Utah Code 20A-7-101
- Initiative packet: means a copy of the initiative petition, a copy of the proposed law, and the signature sheets, all of which have been bound together as a unit. See Utah Code 20A-7-101
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- Sponsors: means the legal voters who support the initiative or referendum and who sign the initiative application or referendum application. See Utah Code 20A-7-101
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Verified: means acknowledged by the person circulating the petition as required in Section
20A-7-105 . See Utah Code 20A-7-101 - Voter: means an individual who:(79)(a) meets the requirements for voting in an election;(79)(b) meets the requirements of election registration;(79)(c) is registered to vote; and(79)(d) is listed in the official register book. See Utah Code 20A-1-102(2)(2)(a) Each proposed initiative petition shall be printed in substantially the following form:
“INITIATIVE PETITION To the Honorable ____, Lieutenant Governor:
We, the undersigned citizens of Utah, respectfully demand that the following proposed law be submitted to the legal voters/Legislature of Utah for their/its approval or rejection at the regular general election/session to be held/ beginning on _________(month\day\year);
Each signer says:
I have personally signed this initiative petition;
The date next to my signature correctly reflects the date that I actually signed the initiative petition;
I have personally reviewed the entire statement included with this packet;
I am registered to vote in Utah; and
My residence and post office address are written correctly after my name.
NOTICE TO SIGNERS:
Public hearings to discuss this initiative were held at: (list dates and locations of public hearings.)”.
(2)(b) If the initiative proposes a tax increase, the following statement shall appear, in at least 14-point, bold type, immediately following the information described in Subsection (2)(a):“This initiative seeks to increase the current (insert name of tax) rate by (insert the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent increase in the current tax rate.”.
(2)(c) The sponsors of an initiative or an agent of the sponsors shall attach a copy of the proposed law to each initiative petition.(3) Each initiative signature sheet shall:(3)(a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;(3)(b) be ruled with a horizontal line three-fourths inch from the top, with the space above that line blank for the purpose of binding;(3)(c) include the title of the initiative printed below the horizontal line, in at least 14-point, bold type;(3)(d) include a table immediately below the title of the initiative, and beginning .5 inch from the left side of the paper, as follows:(3)(d)(i) the first column shall be .5 inch wide and include three rows;(3)(d)(ii) the first row of the first column shall be .85 inch tall and contain the words “For Office Use Only” in 10-point type;(3)(d)(iii) the second row of the first column shall be .35 inch tall;(3)(d)(iv) the third row of the first column shall be .5 inch tall;(3)(d)(v) the second column shall be 2.75 inches wide;(3)(d)(vi) the first row of the second column shall be .35 inch tall and contain the words “Registered Voter‘s Printed Name (must be legible to be counted)” in 10-point type;(3)(d)(vii) the second row of the second column shall be .5 inch tall;(3)(d)(viii) the third row of the second column shall be .35 inch tall and contain the words “Street Address, City, Zip Code” in 10-point type;(3)(d)(ix) the fourth row of the second column shall be .5 inch tall;(3)(d)(x) the third column shall be 2.75 inches wide;(3)(d)(xi) the first row of the third column shall be .35 inch tall and contain the words “Signature of Registered Voter” in 10-point type;(3)(d)(xii) the second row of the third column shall be .5 inch tall;(3)(d)(xiii) the third row of the third column shall be .35 inch tall and contain the words “Email Address (optional, to receive additional information)” in 10-point type;(3)(d)(xiv) the fourth row of the third column shall be .5 inch tall;(3)(d)(xv) the fourth column shall be one inch wide;(3)(d)(xvi) the first row of the fourth column shall be .35 inch tall and contain the words “Date Signed” in 10-point type;(3)(d)(xvii) the second row of the fourth column shall be .5 inch tall;(3)(d)(xviii) the third row of the fourth column shall be .35 inch tall and contain the words “Birth Date or Age (optional)” in 10-point type;(3)(d)(xix) the fourth row of the third column shall be .5 inch tall; and(3)(d)(xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall, and contain the following statement, “By signing this initiative petition, you are stating that you have read and understand the law proposed by this initiative petition.” in 12-point type;(3)(e) the table described in Subsection (3)(d) shall be repeated, leaving sufficient room at the bottom of the sheet for the information described in Subsection (3)(f); and(3)(f) at the bottom of the sheet, include in the following order:(3)(f)(i) the words “Fiscal Impact of” followed by the title of the initiative, in at least 12-point, bold type;(3)(f)(ii) except as provided in Subsection (5), the initial fiscal impact statement issued by the Office of the Legislative Fiscal Analyst in accordance with Subsection20A-7-202.5 (2)(a), including any update in accordance with Subsection20A-7-204.1 (5), in not less than 12-point type;(3)(f)(iii) if the initiative proposes a tax increase, the following statement in 12-point, bold type:“This initiative seeks to increase the current (insert name of tax) rate by (insert the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent increase in the current tax rate.”; and
(3)(f)(iv) the word “Warning,” in 12-point, bold type, followed by the following statement in not less than eight-point type:“It is a class A misdemeanor for an individual to sign an initiative petition with a name other than the individual’s own name, or to knowingly sign the individual’s name more than once for the same initiative petition, or to sign an initiative petition when the individual knows that the individual is not a registered voter.
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 verified as a valid signature if you change your address before petition signatures are verified or if the information you provide does not match your voter registration records.”
(4) The final page of each initiative packet shall contain the following printed or typed statement:Verification of signature collector
State of Utah, County of ____
I, _______________, of ____, hereby state, under penalty of perjury, that:
I am at least 18 years old;
All the names that appear in this initiative packet were signed by individuals who professed to be the individuals whose names appear in it, and each of the individuals signed the individual’s name on it in my presence;
I did not knowingly make a misrepresentation of fact concerning the law proposed by the initiative;
I believe that each individual has printed and signed the individual’s name and written the individual’s post office address and residence correctly, that each signer has read and understands the law proposed by the initiative, and that each signer is registered to vote in Utah.
Each individual who signed the initiative packet wrote the correct date of signature next to the individual’s name.
I have not paid or given anything of value to any individual who signed this initiative packet to encourage that individual to sign it.
______________________________________________________________________
(Name) (Residence Address) (Date)
(5) If the initial fiscal impact statement described in Subsection (3)(f)(ii), as updated in accordance with Subsection20A-7-204.1 (5), exceeds 200 words, the Office of the Legislative Fiscal Analyst shall prepare a shorter summary statement, for the purpose of inclusion on an initiative signature sheet, that does not exceed 200 words.(6) If the forms described in this section are substantially followed, the initiative petitions are sufficient, notwithstanding clerical and merely technical errors.