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

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 364 daysup to $2,500
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 20A-7-514

  • Approved device: means a device described in Subsection 20A-21-201(4) used to gather signatures for the electronic initiative process, the electronic referendum process, or the electronic candidate qualification process. See Utah Code 20A-7-101
  • Budget officer: means :
         (2)(a) for a county, the person designated as finance officer as defined in Section 17-36-3;
         (2)(b) for a city, the person designated as budget officer in Subsection 10-6-106(4); or
         (2)(c) for a town, the town council. See Utah Code 20A-7-101
  • Electronic initiative process: means :
         (5)(a) as it relates to a statewide initiative, the process, described in Sections 20A-7-215 and 20A-21-201, for gathering signatures; or
         (5)(b) as it relates to a local initiative, the process, described in Sections 20A-7-514 and 20A-21-201, for gathering signatures. See Utah Code 20A-7-101
  • Initial fiscal impact and legal statement: means a financial and legal 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
  • 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
  • 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) The first screen presented on the approved device shall include the following statement:

     “This INITIATIVE PETITION is addressed to the Honorable ____, County Clerk/City Recorder/Town Clerk:

     The citizens of Utah who sign this petition respectfully demand that the following proposed law be submitted to: the legislative body for its approval or rejection at its next meeting; and the legal voters of the county/city/town, if the legislative body rejects the proposed law or takes no action on it.”

     (2)(b) An individual may not advance to the second screen until the individual clicks a link at the bottom of the first screen stating, “By clicking here, I attest that I have read and understand the information presented on this screen.”
(3)

     (3)(a) The second screen presented on the approved device shall include the title of proposed law, described in Subsection 20A-7-502(2)(d)(i), followed by the entire text of the proposed law.
     (3)(b) An individual may not advance to the third screen until the individual clicks a link at the bottom of the second screen stating, “By clicking here, I attest that I have read and understand the entire text of the proposed law.”
(4) Subsequent screens shall be presented on the device in the following order, with the individual viewing the device being required, before advancing to the next screen, to click a link at the bottom of the screen with the following statement, “By clicking here, I attest that I have read and understand the information presented on this screen.”:

     (4)(a)

          (4)(a)(i) if the initiative proposes a tax increase, the following statement, “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.”; or
          (4)(a)(ii) if the initiative does not propose a tax increase, the following statement, “This initiative does not propose a tax increase.”;
     (4)(b) the summary statement from the initial fiscal impact and legal statement issued by the budget officer in accordance with Subsection 20A-7-502.5(2)(b) and the cost estimate for printing and distributing information related to the initiative petition in accordance with Subsection 20A-7-502.5(3);
     (4)(c) a statement indicating whether persons gathering signatures for the initiative petition may be paid for gathering signatures; and
     (4)(d) the following statement, followed by links where the individual may click “yes” or “no”:

     “I have personally read the entirety of each statement presented on this device;

     I am personally signing this petition;

     I am registered to vote in Utah; and

     All information I enter on this device, including my residence and post office address, is accurate.

     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.

     WARNING

     Even if your voter registration record is classified as private, your name, voter identification number, and date of signature in relation to signing this initiative petition will be made public.

     Do you wish to continue and sign this initiative petition?”

(5)

     (5)(a) If the individual clicks “no” in response to the question described in Subsection (4)(d), the next screen shall include the following statement, “Thank you for your time. Please return this device to the signature-gatherer.”
     (5)(b) If the individual clicks “yes” in response to the question described in Subsection (4)(d), the website, or the application that accesses the website, shall take the signature-gatherer and the individual signing the petition through the signature process described in Section 20A-21-201.
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