Utah Code 20A-7-612 v2. Misconduct of electors and officers — Penalty
Current as of: 2024 | Check for updates
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(1) It is unlawful for an individual to:
For details, see Utah Code § 76-3-204
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-7-612 v2
- Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Referendum: means a process by which a law passed by the Legislature or by a local legislative body is submitted or referred to the voters for their approval or rejection. See Utah Code 20A-7-101
- Referendum packet: means a copy of the referendum petition, a copy of the law being submitted or referred to the voters for their approval or rejection, and the signature sheets, all of which have been bound together as a unit. See Utah Code 20A-7-101
- Referendum petition: means :(32)(a) as it relates to a statewide referendum, using the manual referendum process, the form described in Subsection
20A-7-303 (2)(a), petitioning for submission of a law passed by the Legislature to legal voters for their approval or rejection;(32)(b) as it relates to a statewide referendum, using the electronic referendum process, the form described in Subsection20A-7-313 (2), petitioning for submission of a law passed by the Legislature to legal voters for their approval or rejection;(32)(c) as it relates to a local referendum, using the manual referendum process, the form described in Subsection20A-7-603 (2)(a), petitioning for submission of a local law to legal voters for their approval or rejection; or(32)(d) as it relates to a local referendum, using the electronic referendum process, the form described in Subsection20A-7-614 (2), petitioning for submission of a local law to legal voters for their approval or rejection. See Utah Code 20A-7-101- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- 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(1)(a) sign a name other than the individual’s own name to any referendum petition;(1)(b) knowingly sign the individual’s name more than once for the same referendum at one election;(1)(c) knowingly indicate that an individual who signed a referendum petition signed the referendum petition on a date other than the date that the individual signed the referendum petition;(1)(d) sign a referendum petition knowing that the individual is not a legal voter;(1)(e) in connection with circulating a referendum petition, represent that a document is an official government document if the individual knows or has reason to know that the document is not an official government document; or(1)(f) knowingly and willfully violate any provision of this part.(2) It is unlawful for an individual to sign the verification for a referendum packet, or to electronically sign the verification for a signature under Subsection20A-21-201(10) , knowing that:(2)(a) the signature date associated with the individual’s signature for the referendum petition is not the date that the individual signed the referendum petition;(2)(b) the individual has not witnessed the signatures the individual collects or submits; or(2)(c) one or more individuals whose signatures appear in the referendum packet is not registered to vote in Utah.(3) It is unlawful for an individual to:(3)(a) pay an individual to sign a referendum petition;(3)(b) pay an individual to remove the individual’s signature from a referendum petition;(3)(c) accept payment to sign a referendum petition;(3)(d) accept payment to have the individual’s name removed from a referendum petition; or(3)(e) on behalf of a voter described in Section20A-7-106 , place the initials “AV” or enter any information on a signature sheet or statement described in Section20A-7-106 , if the individual:(3)(e)(i) does not obtain the voluntary direction or consent of the voter;(3)(e)(ii) believes or has reason to believe that the voter lacks the mental capacity to give the voter’s direction or consent;(3)(e)(iii) believes or has reason to believe that the voter does not understand the purpose or nature of the action taken by the individual on behalf of the voter;(3)(e)(iv) intentionally or knowingly deceives the voter into providing the direction or consent of the voter; or(3)(e)(v) intentionally or knowingly enters false information on the signature sheet or statement.(4) A violation of this section is a class A misdemeanor.(5) The county attorney or municipal attorney shall prosecute any violation of this section.