Utah Code 20A-9-405. Nomination petitions for regular primary elections
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(1) This section applies to the form and circulation of nomination petitions for regular primary elections described in Subsection 20A-9-403(3)(a).
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-9-405
- 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 - Electronic candidate qualification process: means :(5)(a) as it relates to a registered political party that is not a qualified political party, the process for gathering signatures electronically to seek the nomination of a registered political party, described in:(5)(a)(i) Section 20A-9-403;(5)(a)(ii) Section 20A-9-405, except Subsections 20A-9-405(3) and (5); and(5)(a)(iii) Section 20A-21-201; and(5)(b) as it relates to a qualified political party, the process, for gathering signatures electronically to seek the nomination of a registered political party, described in:(5)(b)(i) Section 20A-9-405, except Subsections 20A-9-405(3) and (5);(5)(b)(ii) Section 20A-9-408; and(5)(b)(iii) Section 20A-21-201. See Utah Code 20A-9-101
- Filing officer: means :(7)(a) the lieutenant governor, for:(7)(a)(i) the office of United States Senator and United States Representative; and(7)(a)(ii) all constitutional offices;(7)(b) for the office of a state senator, state representative, or the state school board, the lieutenant governor or the applicable clerk described in Subsection (7)(c) or (d);(7)(c) the county clerk, for county offices and local school district offices;(7)(d) the county clerk in the filer's county of residence, for multicounty offices;(7)(e) the city or town clerk, for municipal offices; or(7)(f) the special district clerk, for special district offices. See Utah Code 20A-9-101
- Manual candidate qualification process: means the process for gathering signatures to seek the nomination of a registered political party, using paper signature packets that a signer physically signs. See Utah Code 20A-9-101
- 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 party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. 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
- Resident: means a person who resides within a specific voting precinct in Utah. 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
- 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 candidate for elective office, and the agents of the candidate, may not circulate nomination petitions until the candidate has submitted a declaration of candidacy in accordance with Subsection 20A-9-202(1).
(3) For the manual candidate qualification process, the nomination petitions shall be in substantially the following form:
(3)(a) the petition shall be printed on paper 8-1/2 inches long and 11 inches wide;
(3)(b) the petition shall be ruled with a horizontal line 3/4 inch from the top, with the space above that line blank for purposes of binding;
(3)(c) the petition shall be headed by a caption stating the purpose of the petition and the name of the proposed candidate;
(3)(d) the petition shall feature the word “Warning” followed by the following statement in no less than eight-point, single leaded type: “It is a class A misdemeanor for anyone to knowingly sign a nomination petition 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.”;
(3)(e) the petition shall feature 10 lines spaced one-half inch apart and consecutively numbered one through 10;
(3)(f) the signature portion of the petition shall be divided into columns headed by the following titles:
(3)(f)(i) Registered Voter‘s Printed Name;
(3)(f)(ii) Signature of Registered Voter;
(3)(f)(iii) Party Affiliation of Registered Voter;
(3)(f)(iv) Birth Date or Age (Optional);
(3)(f)(v) Street Address, City, Zip Code; and
(3)(f)(vi) Date of Signature; and
(3)(g) a photograph of the candidate may appear on the nomination petition.
(4) For the electronic candidate qualification process, the lieutenant governor shall design an electronic form, using progressive screens, that includes:
(4)(a) the following warning:
“Warning: It is a class A misdemeanor for anyone to knowingly sign a nomination petition 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
(4)(b) the following information for each individual who signs the petition:
(4)(b)(i) name;
(4)(b)(ii) party affiliation;
(4)(b)(iii) date of birth or age, (optional);
(4)(b)(iv) street address, city, zip code;
(4)(b)(v) date of signature;
(4)(b)(vi) other information required under Section 20A-21-201; and
(4)(b)(vii) other information required by the lieutenant governor.
(5) For the manual candidate qualification process, if one or more nomination petitions are bound together, a page shall be bound to the nomination petition(s) that features the following printed verification statement to be signed and dated by the petition circulator:
“Verification
State of Utah, County of ____
I, ____, of ____, hereby state that:
I am a Utah resident and am at least 18 years old;
All the names that appear on the signature sheets bound to this page were, to the best of my knowledge, signed by the 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.”
(6) The lieutenant governor shall prepare and make public model nomination petition forms and associated instructions.
(7) A nomination petition circulator must be at least 18 years old and a resident of the state, but may affiliate with any political party.
(8) It is unlawful for any person to:
(8)(a) knowingly sign the nomination petition described in this section or Section 20A-9-408:
(8)(a)(i) with any name other than the person’s own name;
(8)(a)(ii) more than once for the same candidate; or
(8)(a)(iii) if the person is not registered to vote in this state;
(8)(b) sign the verification of a signature for a nomination petition if the person:
(8)(b)(i) does not meet the residency requirements of Section 20A-2-105;
(8)(b)(ii) has not witnessed the signing by those persons whose names appear on the nomination petition; or
(8)(b)(iii) knows that a person whose signature appears on the nomination petition is not registered to vote in this state;
(8)(c) pay compensation to any person to sign a nomination petition; or
(8)(d) pay compensation to any person to circulate a nomination petition, if the compensation is based directly on the number of signatures submitted to a filing officer rather than on the number of signatures verified or on some other basis.
(9) Any person violating Subsection (8) is guilty of a class A misdemeanor.
(10) Withdrawal of petition signatures is prohibited.