Effective 1/1/2023
20A-7-506.3. Verification of petition signatures.
20A-7-506.3. Verification of petition signatures.
- (1) As used in this section:
- (a) “Substantially similar name” means:
- (i) the given name and surname shown on the petition, or both, contain only minor spelling differences when compared to the given name and surname shown on the official register;
- (ii) the surname shown on the petition exactly matches the surname shown on the official register, and the given names differ only because one of the given names shown is a commonly used abbreviation or variation of the other;
- (iii) the surname shown on the petition exactly matches the surname shown on the official register, and the given names differ only because one of the given names shown is accompanied by a first or middle initial or a middle name which is not shown on the other record; or
- (iv) the surname shown on the petition exactly matches the surname shown on the official register, and the given names differ only because one of the given names shown is an alphabetically corresponding initial that has been provided in the place of a given name shown on the other record.
- (b) “Substantially similar name” does not mean a name having an initial or a middle name shown on the petition that does not match a different initial or middle name shown on the official register.
- (a) “Substantially similar name” means:
- (2) In relation to an individual who signs an initiative petition with a holographic signature, the county clerk shall use the following procedures in determining whether a signer is a registered voter:
- (a) When a signer’s name and address shown on the petition exactly match a name and address shown on the official register and the signer’s signature appears substantially similar to the signature on the statewide voter registration database, the county clerk shall declare the signature valid.
- (b) When there is no exact match of an address and a name, the county clerk shall declare the signature valid if:
- (i) the address on the petition matches the address of an individual on the official register with a substantially similar name; and
- (ii) the signer’s signature appears substantially similar to the signature on the statewide voter registration database of the individual described in Subsection (2)(b)(i).
- (c) When there is no match of an address and a substantially similar name, the county clerk shall declare the signature valid if:
- (i) the birth date or age on the petition matches the birth date or age of an individual on the official register with a substantially similar name; and
- (ii) the signer’s signature appears substantially similar to the signature on the statewide voter registration database of the individual described in Subsection (2)(c)(i).
- (d) If a signature is not declared valid under Subsection (2)(a), (2)(b), or (2)(c), the county clerk shall declare the signature to be invalid.
- (3) In relation to an individual who, with a holographic signature, signs a statement to remove the individual’s signature from an initiative petition, the county clerk shall use the following procedures in determining whether to remove a signature from a petition after receiving a timely, valid statement requesting removal of the signature:
- (a) if a signer’s name and address shown on the statement and the petition exactly match a name and address shown on the official register and the signer’s signature on both the statement and the petition appears substantially similar to the signature on the statewide voter registration database, the county clerk shall remove the signature from the petition;
- (b) if there is no exact match of an address and a name, the county clerk shall remove the signature from the petition if:
- (i) the address on the statement and the petition matches the address of an individual on the official register with a substantially similar name; and
- (ii) the signer’s signature on both the statement and the petition appears substantially similar to the signature on the statewide voter registration database of the individual described in Subsection (3)(b)(i);
- (c) if there is no match of an address and a substantially similar name, the county clerk shall remove the signature from the petition if:
- (i) the birth date or age on the statement and petition match the birth date or age of an individual on the official register with a substantially similar name; and
- (ii) the signer’s signature on both the statement and the petition appears substantially similar to the signature on the statewide voter registration database of the individual described in Subsection (3)(c)(i); and
- (d) if a signature does not qualify for removal under Subsection (3)(a), (b), or (c), the county clerk may not remove the signature from the petition.
Amended by Chapter 325, 2022 General Session