Utah Code 20A-9-502. Certificate of nomination — Contents — Circulation — Verification — Criminal penalty — Removal of petition signature
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-9-502
- Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
- bound: means securing more than one piece of paper together using staples or another means in at least three places across the top of the paper in the blank space reserved for securing the paper. See Utah Code 20A-1-102
- City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5 - 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
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Political division: includes a county, a city, a town, a special district, a school district, a legislative district, and a county prosecution district. See Utah Code 20A-9-101
- qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- 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
- Swear: includes "affirm. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. 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) prepare a certificate of nomination in substantially the following form:“State of Utah, County of ______________________________________________
I, ______________, declare my intention of becoming an unaffiliated candidate for the political group designated as ____ for the office of ____. I do solemnly swear that I can qualify to hold that office both legally and constitutionally if selected, and that I reside at ____ Street, in the city of ____, county of ____, state of ______, zip code ____, phone ____, and that I am providing, or have provided, the required number of holographic signatures of registered voters required by law; that as a candidate at the next election I will not knowingly violate any election or campaign law; that, if filing via a designated agent for an office other than president of the United States, 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.
__________________________________________ Subscribed and sworn to before me this ______(month\day\year). __________________________________________ Notary Public (or other officer qualified to administer oaths)”; (1)(b) for each signature packet, bind signature sheets to a copy of the certificate of nomination and the circulator verification, that:(1)(b)(i) are printed on sheets of paper 8-1/2 inches long and 11 inches wide;(1)(b)(ii) are ruled with a horizontal line 3/4 inch from the top, with the space above that line blank for the purpose of binding;(1)(b)(iii) contain the name of the proposed candidate and the words “Unaffiliated Candidate Certificate of Nomination Petition” printed directly below the horizontal line;(1)(b)(iv) contain the word “Warning” printed directly under the words described in Subsection (1)(b)(iii);(1)(b)(v) 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 certificate of nomination signature sheet 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 does not intend to become registered to vote in this state before the county clerk certifies the signatures.”;
(1)(b)(vi) contain the following statement directly under the statement described in Subsection (1)(b)(v):“Each signer says:
I have personally signed this petition with a holographic signature;
I am registered to vote in Utah or intend to become registered to vote in Utah before the county clerk certifies my signature; and
My street address is written correctly after my name.”;
(1)(b)(vii) contain horizontally ruled lines, 3/8 inch apart under the statement described in Subsection (1)(b)(vi); and(1)(b)(viii) be vertically divided into columns as follows:(1)(b)(viii)(A) 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;(1)(b)(viii)(B) the next column shall be 2-1/2 inches wide, headed “Registered Voter‘s Printed Name (must be legible to be counted)”;(1)(b)(viii)(C) the next column shall be 2-1/2 inches wide, headed “Holographic Signature of Registered Voter”;(1)(b)(viii)(D) the next column shall be one inch wide, headed “Birth Date or Age (Optional)”;(1)(b)(viii)(E) the final column shall be 4-3/8 inches wide, headed “Street Address, City, Zip Code”; and(1)(b)(viii)(F) 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.”; and(1)(c) bind a final page to one or more signature sheets that are bound together that contains, except as provided by Subsection (3), the following printed statement:“Verification
State of Utah, County of ____
I, _______________, of ____, hereby state that:
I am at least 18 years old;
All the names that appear on the signature sheets bound to this page were signed by 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 or will register to vote in Utah before the county clerk certifies the signatures on the signature sheet.
______________________________________________________________________
(Signature) (Residence Address) (Date)”.
(2) An agent designated to file a certificate of nomination under Subsection20A-9-503 (2)(b) or (4)(b) may not sign the form described in Subsection (1)(a).(3)(3)(a) The candidate shall circulate the nomination petition and ensure that the person in whose presence each signature sheet is signed:(3)(a)(i) is at least 18 years old; and(3)(a)(ii) verifies each signature sheet by completing the verification bound to one or more signature sheets that are bound together.(3)(b) A person may not sign the circulator verification if the person signed a signature sheet bound to the verification.(4)(4)(a) It is unlawful for any person to:(4)(a)(i) knowingly sign a certificate of nomination signature sheet:(4)(a)(i)(A) with any name other than the person’s own name;(4)(a)(i)(B) more than once for the same candidate; or(4)(a)(i)(C) if the person is not registered to vote in this state and does not intend to become registered to vote in this state before the county clerk certifies the signatures; or(4)(a)(ii) sign the verification of a certificate of nomination signature sheet if the person:(4)(a)(ii)(A) has not witnessed the signing by those persons whose names appear on the certificate of nomination signature sheet; or(4)(a)(ii)(B) knows that a person whose signature appears on the certificate of nomination signature sheet is not registered to vote in this state and does not intend to become registered to vote in this state.(4)(b) Any person violating this Subsection (4) is guilty of a class A misdemeanor.(5)(5)(a) To qualify for placement on the general election ballot, the candidate shall, no earlier than the start of the declaration of candidacy period described in Section20A-9-201.5 and no later than 5 p.m. on June 15 of the year in which the election will be held:(5)(a)(i) comply with Subsection 20A-9-503 (1); and(5)(a)(ii) submit each signature packet to the county clerk where the majority of the signatures in the packet were collected, with signatures totaling:(5)(a)(ii)(A) at least 1,000 registered voters residing within the state when the nomination is for an office to be filled by the voters of the entire state; or(5)(a)(ii)(B) at least 300 registered voters residing within a political division or at least 5% of the registered voters residing within a political division, whichever is less, when the nomination is for an office to be filled by the voters of any political division smaller than the state.(5)(b) A candidate has not complied with Subsection (5)(a)(ii), unless the county clerks verify that each required signature is a valid signature of a registered voter who is eligible to sign the signature packet and has not signed a signature packet to nominate another candidate for the same office.(5)(c) In reviewing the signature packets, the county clerk shall count and certify only those persons who signed with a holographic signature, who:(5)(c)(i) are registered voters within the political division that the candidate seeks to represent; and(5)(c)(ii) did not sign any other certificate of nomination for that office.(5)(d) The county clerk shall count and certify the number of registered voters who validly signed a signature packet, no later than 30 days after the day on which the candidate submits the signature packet.(5)(e) The candidate may supplement the signatures or amend the certificate of nomination or declaration of candidacy at any time on or before 5 p.m. on June 15 of the year in which the election will be held.(5)(f) The county clerk shall use the procedures described in Section20A-1-1002 to determine whether a signer is a registered voter who is qualified to sign the signature packet.(6)(6)(a) A voter who signs a signature packet under this section may have the voter’s signature removed from the signature packet by, no later than three business days after the day on which the candidate submits the signature packet to the county clerk, submitting to the county clerk a statement requesting that the voter’s signature be removed.(6)(b) A statement described in Subsection (6)(a) shall comply with the requirements described in Subsection20A-1-1003 (2).(6)(c) The county clerk shall use the procedures described in Subsection20A-1-1003 (3) to determine whether to remove an individual’s signature from a signature packet after receiving a timely, valid statement requesting removal of the signature.