(1) This section applies only to the electronic initiative process.
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Terms Used In Utah Code 20A-7-516

  • Certified: means that the county clerk has acknowledged a signature as being the signature of a registered voter. See Utah Code 20A-7-101
  • 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
  • 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
  • Initiative application: means :
         (12)(a) for a statewide initiative, an application described in Subsection 20A-7-202(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-202(2); or
         (12)(b) for a local initiative, an application described in Subsection 20A-7-502(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-502(2). See Utah Code 20A-7-101
  • Local clerk: means the county clerk, city recorder, or town clerk in whose jurisdiction a local initiative or referendum petition is circulated. See Utah Code 20A-7-101
  • Municipal general election: means the election held in municipalities and, as applicable, special districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202. See Utah Code 20A-1-102
  • 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) A signature-gatherer may not collect a signature after 5 p.m., the earlier of:

     (2)(a) 316 days after the day on which the initiative application is filed; or
     (2)(b)

          (2)(b)(i) for a county initiative, April 15 immediately before the next regular general election immediately after the initiative application is filed under Section 20A-7-502; or
          (2)(b)(ii) for a municipal initiative, April 15 immediately before the next municipal general election immediately after the initiative application is filed under Section 20A-7-502.
(3) The local clerk shall send to each individual who provides a valid email address during the signature-gathering process an email that includes the following:

     (3)(a) the subject of the email shall include the following statement, “Notice Regarding Your Petition Signature”; and
     (3)(b) 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 text of the law proposed by the initiative, the initial fiscal impact and legal statement, and information on the deadline for removing your signature from the initiative 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].”

(4) Except as provided in Subsection (5), the county clerk shall, within two business days after the day on which the signature of an individual who signs an initiative petition is certified under Section 20A-21-201, post the name, voter identification number, and date of signature of the individual on the lieutenant governor’s website, in a conspicuous location designated by the lieutenant governor.
(5)

     (5)(a) If the local clerk timely receives a statement requesting signature removal under Subsection 20A-7-515(4), the local clerk shall:

          (5)(a)(i) ensure that the voter’s name, voter identification number, and date of signature are not included in the posting described in Subsection (4); and
          (5)(a)(ii) remove the voter’s signature from the initiative petition and the initiative petition signature totals.
     (5)(b) The local clerk shall comply with Subsection (5)(a) before the later of:

          (5)(b)(i) the deadline described in Subsection (4); or
          (5)(b)(ii) two business days after the day on which the county clerk receives a statement requesting signature removal under Subsection 20A-7-515(4).
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