HB 167

02-03 11:13  1st Sub. (Buff) H.B. 167
  Michael L. Kohler proposes the following substitute bill:
1Signature Collection Modifications
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Michael L. Kohler
  Senate Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill amends provisions related to nominations for elective office.
6   Highlighted Provisions:
7This bill:
8▸ requires an election official, no later than five business days after the day on which the
9   signature of an individual who signs a nomination petition is verified, to post the name
10   and date of signature of the individual on the lieutenant governor's website for at least 90
11   days after the date of the primary election;
12▸ requires an election official to notify the county or district attorney if an individual whose
13   signature appears on a nomination petition informs the election official that the
14   individual did not sign the nomination petition;
15▸ clarifies the deadlines for a voter who manually or electronically signs a nomination
16   petition to submit a statement to an election official requesting that the voter's signature
17   be removed from the petition;
  ▸ includes a coordination clause to standardize a defined term in this bill with the same
  1st Sub. H.B. 167
18
19   term in H.B. 223, Electronic Signature Collection Amendments; and
20▸ makes technical and conforming changes.
21   Money Appropriated in this Bill:
22None
23   Other Special Clauses:
24This bill provides a coordination clause.
25   Utah Code Sections Affected:
26   AMENDS:
2720A-9-403, as last amended by Laws of Utah 2025, Chapters 39, 448
2820A-9-405, as last amended by Laws of Utah 2025, Chapter 38
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2920A-9-406, as last amended by Laws of Utah 2025, Second Special Session, Chapter 2
3020A-9-408, as last amended by Laws of Utah 2025, Second Special Session, Chapter 2
3120A-9-502, as last amended by Laws of Utah 2025, Second Special Session, Chapter 2
32   Utah Code Sections affected by Coordination Clause:
3320A-9-405 (05/06/26), as last amended by Laws of Utah 2025, Chapter 38
3420A-9-502 (05/06/26), as last amended by Laws of Utah 2025, Second Special Session,
35Chapter 2
36
37   Be it enacted by the Legislature of the state of Utah:
38Section 1. Section 20A-9-403 is amended to read:
3920A-9-403 . Regular primary elections.
40   (1)(a) Candidates for elective office that are to be filled at the next regular general
41election shall be nominated in a regular primary election by direct vote of the people
42in the manner prescribed in this section. The regular primary election is held on the
43date specified in Section 20A-1-201.5. Nothing in this section shall affect a
44candidate's ability to qualify for a regular general election's ballot as an unaffiliated
45candidate under Section 20A-9-501 or to participate in a regular general election as a
46write-in candidate under Section 20A-9-601.
47(b) Each registered political party that chooses to have the names of the registered
48political party's candidates for elective office featured with party affiliation on the
49ballot at a regular general election shall comply with the requirements of this section
50and shall nominate the registered political party's candidates for elective office in the
51manner described in this section.
52(c) A filing officer may not permit an official ballot at a regular general election to be
53produced or used if the ballot denotes affiliation between a registered political party
54or any other political group and a candidate for elective office who is not nominated
55in the manner prescribed in this section or in Subsection 20A-9-202(4).
56(d) Unless noted otherwise, the dates in this section refer to those that occur in each
57even-numbered year in which a regular general election will be held.
58   (2)(a) Each registered political party, in a statement filed with the lieutenant governor,
59shall:
60(i) either declare the registered political party's intent to participate in the next regular
61primary election or declare that the registered political party chooses not to have
62the names of the registered political party's candidates for elective office featured
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63on the ballot at the next regular general election; and
64(ii) if the registered political party participates in the upcoming regular primary
65election, identify one or more registered political parties whose members may
66vote for the registered political party's candidates and whether individuals
67identified as unaffiliated with a political party may vote for the registered political
68party's candidates.
69(b)(i) A registered political party that is a continuing political party shall file the
70statement described in Subsection (2)(a) with the lieutenant governor no later than
715 p.m. on November 30 of each odd-numbered year.
72(ii) An organization that is seeking to become a registered political party under
73Section 20A-8-103 shall file the statement described in Subsection (2)(a) at the
74time that the registered political party files the petition described in Section
7520A-8-103.
76   (3)(a) Except as provided in Subsection (3)(e), an individual who submits a declaration
77of candidacy under Section 20A-9-202 shall appear as a candidate for elective office
78on the regular primary ballot of the registered political party listed on the declaration
79of candidacy only if the individual is certified by the appropriate filing officer as
80having submitted a nomination petition that was:
81(i) circulated and completed in accordance with Section 20A-9-405; and
82(ii) signed by at least 2% of the registered political party's members who reside in the
83political division of the office that the individual seeks.
84(b)(i) A candidate for elective office shall, in accordance with Section 20A-9-408.3,
85submit signatures for a nomination petition to the appropriate filing officer for
86verification and certification no later than 5 p.m. on March 31.
87(ii) A candidate may supplement the candidate's submissions at any time on or before
88the filing deadline.
89(c)(i) The lieutenant governor shall determine for each elective office the total
90number of signatures that must be submitted under Subsection (3)(a)(ii) or
9120A-9-408(8) by counting the aggregate number of individuals residing in each
92elective office's political division who have designated a particular registered
93political party on the individuals' voter registration forms on or before November
9415 of each odd-numbered year.
95(ii) The lieutenant governor shall publish the determination for each elective office
96no later than November 30 of each odd-numbered year.
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97(d) The filing officer shall:
98(i) except as otherwise provided in Section 20A-21-201, and in accordance with
99Section 20A-9-408.3, verify signatures on nomination petitions in a transparent
100and orderly manner, no later than 14 calendar days after the day on which a
101candidate submits the signatures to the filing officer;
102(ii) for [all qualifying candidates for elective office who submit nomination petitions
103to the filing officer, issue certifications referenced] each qualifying candidate for
104elective office who submits a nomination petition to the filing officer, issue the
105certification described in Subsection (3)(a) no later than the deadline described in
106Subsection 20A-9-202(1)(b);
107(iii) consider [active and inactive voters eligible to sign nomination petitions] an
108active voter and inactive voter eligible to sign a nomination petition;
109(iv) consider an individual who signs a nomination petition a member of a registered
110political party for purposes of Subsection (3)(a)(ii) if the individual has designated [
111that] the registered political party as the individual's party membership on the
112individual's voter registration form; [and]
113(v) except as otherwise provided in Section 20A-21-201 and with the assistance of
114the county clerk as applicable, use the procedures described in Section 20A-1-1002
115to verify submitted nomination petition signatures, or use statistical sampling
116procedures to verify submitted nomination petition signatures in accordance with
117rules made under Subsection (3)(f)[.] ; and
118(vi) subject to Subsection 20A-9-405(11), no later than five business days after the
119day on which the signature of an individual who signs a nomination petition is
120verified under Subsection (3)(d)(v) or Section 20A-21-201, post the individual's
121name and date of signature on the lieutenant governor's website, in a conspicuous
122location designated by the lieutenant governor, for at least 90 calendar days after
123the date of the primary election.
124(e) Notwithstanding any other provision in this Subsection (3), a candidate for lieutenant
125governor may appear on the regular primary ballot of a registered political party
126without submitting [nomination petitions] a nomination petition if the candidate files
127a declaration of candidacy and complies with Subsection 20A-9-202(3).
128(f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
129director of elections, within the Office of the Lieutenant Governor, may make rules
130that:
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131(i) provide for the use of statistical sampling procedures that:
132(A) [filing officers are] a filing officer is required to use to verify signatures under
133Subsection (3)(d); and
134(B) reflect a bona fide effort to determine the validity of a candidate's entire
135submission, using widely recognized statistical sampling techniques; and
136(ii) provide for the transparent, orderly, and timely submission, verification, and
137certification of nomination petition signatures.
138(g) The county clerk shall:
139(i) review the declarations of candidacy filed by candidates for local boards of
140education to determine if more than two candidates have filed for the same seat;
141(ii) place the names of all candidates who have filed a declaration of candidacy for a
142local board of education seat on the nonpartisan section of the ballot if more than
143two candidates have filed for the same seat; and
144(iii) place the local board of education candidates' names on the ballot in accordance
145with Sections 20A-6-109 and 20A-6-110.
146   (4)(a) Before the deadline described in Subsection 20A-9-409(4)(c), the lieutenant
147governor shall provide to [the county clerks] each county clerk:
148(i) a list of the names of all candidates for federal, constitutional, multi-county, single
149county, and county offices who have received certifications under Subsection [(3)]
150(3)(a), along with instructions on how [those] the names shall appear on the
151primary election ballot in accordance with Sections 20A-6-109 and 20A-6-110;
152and
153(ii) a list of unopposed candidates for elective office who have been nominated by a
154registered political party under Subsection (5)(c) and [instruct the county clerks]
155instructions to exclude the unopposed candidates from the primary election ballot.
156(b) A candidate for lieutenant governor and a candidate for governor campaigning as
157joint-ticket running mates shall appear jointly on the primary election ballot.
158   (c) After the county clerk receives the certified list from the lieutenant governor under
159Subsection (4)(a), the county clerk shall post or publish a primary election notice in
160substantially the following form:
161"Notice is given that a primary election will be held Tuesday, June ____,
162________(year), to nominate party candidates for the parties and candidates for nonpartisan
163local school board positions listed on the primary ballot. The polling place for voting precinct
164____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
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165Attest: county clerk."
166   (5)(a) A candidate who, at the regular primary election, receives the highest number of
167votes cast for the office sought by the candidate is:
168(i) nominated for that office by the candidate's registered political party; or
169(ii) for a nonpartisan local school board position, nominated for that office.
170(b) If two or more candidates are to be elected to the office at the regular general
171election, those party candidates equal in number to positions to be filled who receive
172the highest number of votes at the regular primary election are the nominees of the
173candidates' party for those positions.
174(c)(i) As used in this Subsection (5)(c), a candidate is "unopposed" if:
175(A) no individual other than the candidate receives a certification under
176Subsection [(3)] (3)(a) for the regular primary election ballot of the candidate's
177registered political party for a particular elective office; or
178(B) for an office where more than one individual is to be elected or nominated, the
179number of candidates who receive certification under Subsection [(3)] (3)(a) for
180the regular primary election of the candidate's registered political party does
181not exceed the total number of candidates to be elected or nominated for that
182office.
183(ii) A candidate who is unopposed for an elective office in the regular primary
184election of a registered political party is nominated by the party for that office
185without appearing on the primary election ballot.
186   (6) The expense of providing all ballots, blanks, or other supplies to be used at any primary
187election provided for by this section, and all expenses necessarily incurred in the
188preparation for or the conduct of that primary election shall be paid out of the treasury of
189the county or state, in the same manner as for the regular general elections.
190   (7) An individual may not file a declaration of candidacy for a registered political party of
191which the individual is not a member, except to the extent that the registered political
192party permits otherwise under the registered political party's bylaws.
193   The following section is affected by a coordination clause at the end of this bill.
194Section 2. Section 20A-9-405 is amended to read:
19520A-9-405 . Nomination petitions for regular primary elections.
196   (1) This section applies to the form and circulation of nomination petitions for regular
197primary elections described in Subsection 20A-9-403(3)(a) and Section 20A-9-408.
198   (2) A candidate for elective office, and the agents of the candidate, may not circulate
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199nomination petitions until the candidate has submitted a declaration of candidacy in
200accordance with Subsection 20A-9-202(1).
201   (3) For the manual candidate qualification process, the nomination petitions shall be in
202substantially the following form:
203(a) the petition shall be printed on paper 8-1/2 inches long and 11 inches wide;
204(b) the petition shall be ruled with a horizontal line 3/4 inch from the top, with the space
205above that line blank for purposes of binding;
206(c) the petition shall be headed by a caption stating the purpose of the petition and the
207name of the proposed candidate;
208(d) the petition shall feature the word "Warning" followed by the following statement in
209no less than eight-point, single leaded type: "It is a class A misdemeanor for anyone
210to knowingly sign a nomination petition with any name other than the person's own
211name, or more than once for the same candidate, or if the person is not registered to
212vote in this state.";
213(e) the petition shall feature 10 lines spaced one-half inch apart and consecutively
214numbered one through 10;
215(f) the signature portion of the petition shall be divided into columns headed by the
216following titles:
217(i) Registered Voter's Printed Name;
218(ii) Signature of Registered Voter;
219(iii) Party Affiliation of Registered Voter;
220(iv) Birth Date or Age (Optional);
221(v) Street Address, City, Zip Code; and
222(vi) Date of Signature; and
223(g) a photograph of the candidate may appear on the nomination petition.
224   (4) For the electronic candidate qualification process, the lieutenant governor shall design
225an electronic form, using progressive screens, that includes:
226   (a) the following warning:
227"Warning: It is a class A misdemeanor for anyone to knowingly sign a nomination
228petition with any name other than the person's own name, or more than once for the same
229candidate, or if the person is not registered to vote in this state."; and
230(b) the following information for each individual who signs the petition:
231(i) name;
232(ii) party affiliation;
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233(iii) date of birth or age, (optional);
234(iv) street address, city, zip code;
235(v) date of signature;
236(vi) other information required under Section 20A-21-201; and
237(vii) other information required by the lieutenant governor.
238   (5) For the manual candidate qualification process, if one or more nomination petitions are
239bound together, a page shall be bound to the nomination petition(s) that features the following
240printed verification statement to be signed and dated by the petition circulator:
241"Verification
242State of Utah, County of ____
243I, ____, of ____, hereby state that:
244I am at least 18 years old;
245All the names that appear on the signature sheets bound to this page were, to the best of
246my knowledge, signed by the persons who professed to be the persons whose names appear on
247the signature sheets, and each of them signed the person's name on the signature sheets in my
248presence;
249I believe that each has printed and signed the person's name and written the person's
250street address correctly, and that each signer is registered to vote in Utah."
251   (6) The lieutenant governor shall prepare and make public model nomination petition forms
252and associated instructions.
253   (7) A nomination petition circulator:
254(a) must be at least 18 years old; and
255(b) may affiliate with any political party.
256   (8) It is unlawful for any person to:
257(a) knowingly sign the nomination petition described in this section or Section
25820A-9-408:
259(i) with any name other than the person's own name;
260(ii) more than once for the same candidate; or
261(iii) if the person is not registered to vote in this state;
262(b) sign the verification of a signature for a nomination petition if the person:
263(i) has not witnessed the signing by those persons whose names appear on the
264nomination petition; or
265(ii) knows that a person whose signature appears on the nomination petition is not
266registered to vote in this state;
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267(c) pay compensation to any person to sign a nomination petition; or
268(d) pay compensation to any person to circulate a nomination petition, if the
269compensation is based directly on the number of signatures submitted to a filing
270officer rather than on the number of signatures verified or on some other basis.
271   (9) Any person violating Subsection (8) is guilty of a class A misdemeanor.
272   (10) If a person whose signature appears on a nomination petition notifies the filing officer
273that the person did not sign the nomination petition, the filing officer shall, after making
274a reasonable attempt to determine the accuracy of the person's allegation, but no later
275than three business days after the day on which the allegation is received, notify the
276county or district attorney of:
277(a) the nature of the allegation; and
278(b) the name of, and available contact information for:
279(i) the person making the allegation; and
280(ii) the person who collected the signature.
281   [(10)] (11)(a) A voter who signs a nomination petition may have the voter's signature
282removed from the petition by[, no later than three business days after the day on
283which the candidate files the petition with the appropriate filing officer, submitting to
284the filing officer a statement requesting that the voter's signature be removed.]
285submitting to the filing officer a statement requesting that the voter's signature be
286removed no later than 5 p.m. three business days after the day on which:
287(i) the candidate files the petition with the filing officer; or
288(ii) if the voter electronically signed the petition under Section 20A-21-201:
289(A) the website defined in Section 20A-21-101 certifies the voter's signature under
290Subsection 20A-21-201(6)(a); or
291(B) the filing officer certifies the voter's signature under Subsection 20A-21-201(7).
292(b) A statement described in Subsection [(10)(a)] (11)(a) shall comply with the
293requirements described in Subsection 20A-1-1003(2).
294(c) The filing officer shall use the procedures described in Subsection 20A-1-1003(3) to
295determine whether to remove an individual's signature from a nomination petition
296after receiving a timely, valid statement requesting removal of the signature.
297   (12)(a) If a filing officer timely receives a statement requesting signature removal under
298Subsection (11)(a) and determines that the signature should be removed from the
299nomination petition under Subsection 20A-1-1003(3), the filing officer shall:
300(i) remove the voter's name and date of signature from the nomination petition and
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301the posting described in Subsection 20A-9-403(3)(d)(vi), 20A-9-408(9)(d), or
30220A-9-408(10)(d), as applicable; and
303(ii) update the nomination petition signature totals.
304(b) The filing officer shall comply with Subsection (12)(a) no later than 5 p.m. the day
305before the day of:
306(i) if the candidate to which the petition relates is seeking the nomination of a
307registered political party that is not a qualified political party, the deadline
308described in Subsection 20A-9-202(1)(b); or
309(ii) if the candidate to which the petition relates is seeking the nomination of a
310qualified political party, the convention described in Subsection 20A-9-408(11)
311((c).
312Section 3. Section 20A-9-406 is amended to read:
31320A-9-406 . Qualified political party -- Requirements and exemptions.
314      The following provisions apply to a qualified political party:
315   (1) the qualified political party shall, no later than 5 p.m. on the first Monday of October of
316each odd-numbered year, certify to the lieutenant governor the identity of one or more
317registered political parties whose members may vote for the qualified political party's
318candidates and whether unaffiliated voters may vote for the qualified political party's
319candidates;
320   (2) the following provisions do not apply to a nomination for the qualified political party:
321(a) Subsections 20A-9-403(1) through (3)(b) and Subsections [(3)(d)(ii)]
32220A-9-403(3)(d)(ii) through (4)(a); and
323(b) Subsection 20A-9-403(5)(c)[; and] .
324[(c) Section 20A-9-405;]
325   (3) an individual may only seek the nomination of the qualified political party by using a
326method described in Section 20A-9-407, Section 20A-9-408, or both;
327   (4) the qualified political party shall comply with the provisions of Sections 20A-9-407,
32820A-9-408, and 20A-9-409;
329   (5) notwithstanding Subsection 20A-6-301(1)(a), (1)(e), or (2)(a), each election officer shall
330ensure that a ballot described in Section 20A-6-301 includes each individual nominated
331by a qualified political party:
332(a) under the qualified political party's name, if any; or
333(b) under the title of the qualified registered political party as designated by the qualified
334political party in the certification described in Subsection (1), or, if none is
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335designated, then under some suitable title;
336   (6) notwithstanding Subsection 20A-6-302(1)(a), each election officer shall ensure, for
337ballots in regular general elections, that each candidate who is nominated by the
338qualified political party is listed by party;
339   (7) notwithstanding Subsection 20A-6-304(1)(e), each election officer shall ensure that the
340party designation of each candidate who is nominated by the qualified political party is
341displayed adjacent to the candidate's name on a mechanical ballot;
342   (8) "candidates for elective office," defined in Subsection 20A-9-101(1)(a), also includes an
343individual who files a declaration of candidacy under Section 20A-9-407 or 20A-9-408
344to run in a regular general election for a federal office, constitutional office, multicounty
345office, or county office;
346   (9) an individual who is nominated by, or seeking the nomination of, the qualified political
347party is not required to comply with Subsection 20A-9-201(1)(c);
348   (10) notwithstanding Subsection 20A-9-403(3), the qualified political party is entitled to
349have each of the qualified political party's candidates for elective office appear on the
350primary ballot of the qualified political party with an indication that each candidate is a
351candidate for the qualified political party;
352   (11) notwithstanding Subsection 20A-9-403(4)(a), the lieutenant governor shall include on
353the list provided by the lieutenant governor to the county clerks:
354(a) the names of all candidates of the qualified political party for federal, constitutional,
355multicounty, and county offices; and
356(b) the names of unopposed candidates for elective office who have been nominated by
357the qualified political party and instruct the county clerks to exclude such candidates
358from the primary-election ballot;
359   (12) notwithstanding Subsection 20A-9-403(5)(c), a candidate who is unopposed for an
360elective office in the regular primary election of the qualified political party is
361nominated by the party for that office without appearing on the primary ballot; and
362   (13) notwithstanding the provisions of Subsections 20A-9-403(1) and (2) and Section
36320A-9-405, the qualified political party is entitled to have the names of its candidates for
364elective office featured with party affiliation on the ballot at a regular general election.
365Section 4. Section 20A-9-408 is amended to read:
36620A-9-408 . Signature-gathering process to seek the nomination of a qualified
367   political party -- Removal of signature.
368   (1) This section describes the requirements for a member of a qualified political party who
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369is seeking the nomination of the qualified political party for an elective office through
370the signature-gathering process described in this section.
371   (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of candidacy
372for a member of a qualified political party who is nominated by, or who is seeking the
373nomination of, the qualified political party under this section shall be substantially as
374described in Section 20A-9-408.5.
375   (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
37620A-9-202(4), a member of a qualified political party who, under this section, is seeking
377the nomination of the qualified political party for an elective office that is to be filled at
378the next general election shall:
379(a) except to the extent otherwise provided in Subsection (13)(a), during the applicable
380declaration of candidacy filing period described in Section 20A-9-201.5, and before
381gathering signatures under this section, file with the filing officer on a form approved
382by the lieutenant governor a notice of intent to gather signatures for candidacy that
383includes:
384(i) the name of the member who will attempt to become a candidate for a registered
385political party under this section;
386(ii) the name of the registered political party for which the member is seeking
387nomination;
388(iii) the office for which the member is seeking to become a candidate;
389(iv) the address and telephone number of the member; and
390(v) other information required by the lieutenant governor;
391(b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy, in
392person, with the filing officer during the applicable declaration of candidacy filing
393period described in Section 20A-9-201.5; and
394(c) pay the filing fee.
395   (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political party
396who, under this section, is seeking the nomination of the qualified political party for the
397office of district attorney within a multicounty prosecution district that is to be filled at
398the next general election shall:
399(a) during the applicable declaration of candidacy filing period described in Section
40020A-9-201.5, and before gathering signatures under this section, file with the filing
401officer on a form approved by the lieutenant governor a notice of intent to gather
402signatures for candidacy that includes:
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403(i) the name of the member who will attempt to become a candidate for a registered
404political party under this section;
405(ii) the name of the registered political party for which the member is seeking
406nomination;
407(iii) the office for which the member is seeking to become a candidate;
408(iv) the address and telephone number of the member; and
409(v) other information required by the lieutenant governor;
410(b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy, in
411person, with the filing officer during the applicable declaration of candidacy filing
412period described in Section 20A-9-201.5; and
413(c) pay the filing fee.
414   (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate who
415files as the joint-ticket running mate of an individual who is nominated by a qualified
416political party, under this section, for the office of governor shall, during the applicable
417declaration of candidacy filing period described in Section 20A-9-201.5, file a
418declaration of candidacy and submit a letter from the candidate for governor that names
419the lieutenant governor candidate as a joint-ticket running mate.
420   (6) The lieutenant governor shall ensure that the certification described in Subsection
42120A-9-701(1) also includes the name of each candidate nominated by a qualified
422political party under this section.
423   (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who is
424nominated by a qualified political party under this section, designate the qualified
425political party that nominated the candidate.
426   (8) A member of a qualified political party may seek the nomination of the qualified
427political party for an elective office by:
428(a) complying with the requirements described in this section; and
429(b) collecting signatures, on a form approved by the lieutenant governor that complies
430with Subsection 20A-9-405(3), during the period beginning on the day on which the
431member files a notice of intent to gather signatures and ending at the applicable
432deadline described in Subsection (12), in the following amounts:
433(i) for a statewide race, 28,000 signatures of registered voters in the state who are
434permitted by the qualified political party to vote for the qualified political party's
435candidates in a primary election;
436(ii) except as provided in Subsection (13)(b), for a congressional district race, 7,000
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437signatures of registered voters who are residents of the congressional district and
438are permitted by the qualified political party to vote for the qualified political
439party's candidates in a primary election;
440(iii) for a state Senate district race, 2,000 signatures of registered voters who are
441residents of the state Senate district and are permitted by the qualified political
442party to vote for the qualified political party's candidates in a primary election;
443(iv) for a state House district race, 1,000 signatures of registered voters who are
444residents of the state House district and are permitted by the qualified political
445party to vote for the qualified political party's candidates in a primary election;
446(v) for a State Board of Education race, the lesser of:
447(A) 2,000 signatures of registered voters who are residents of the State Board of
448Education district and are permitted by the qualified political party to vote for
449the qualified political party's candidates in a primary election; or
450(B) 3% of the registered voters of the qualified political party who are residents of
451the applicable State Board of Education district; and
452(vi) for a county office race, signatures of 3% of the registered voters who are
453residents of the area permitted to vote for the county office and are permitted by
454the qualified political party to vote for the qualified political party's candidates in
455a primary election.
456   (9)(a) This Subsection (9) applies only to the manual candidate qualification process.
457(b) In order for a member of the qualified political party to qualify as a candidate for the
458qualified political party's nomination for an elective office under this section, using
459the manual candidate qualification process, the member shall:
460(i) collect the signatures on a form approved by the lieutenant governor, using the
461same circulation and verification requirements described in Sections 20A-7-105
462and 20A-7-204; and
463(ii) in accordance with Section 20A-9-408.3, submit the signatures to the election
464officer before the applicable deadline described in Subsection (12).
465(c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), and in
466accordance with Section 20A-9-408.3, the election officer shall, no later than the
467earlier of 14 calendar days after the day on which the election officer receives the
468signatures, or one day before the day on which the qualified political party holds the
469convention to select a nominee for the elective office to which the signature packets
470relate:
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471(i) check the name of each individual who completes the verification for a signature
472packet to determine whether each individual is at least 18 years old;
473(ii) submit the name of each individual described in Subsection (9)(c)(i) who is not at
474least 18 years old to the attorney general and the county attorney;
475(iii) with the assistance of the county clerk as applicable, determine whether each
476signer is a registered voter who is qualified to sign the petition, using the same
477method, described in Section 20A-1-1002, used to verify a signature on a petition;
478and
479(iv) certify whether each name is that of a registered voter who is qualified to sign the
480signature packet.
481      (d) Subject to Subsection 20A-9-405(11), an election officer shall, no later than five
482business days after the day on which the signature of an individual who signs a
483petition is certified under Subsection (9)(c)(iv), post the individual's name and date of
484signature on the lieutenant governor's website, in a conspicuous location designated
485by the lieutenant governor, for at least 90 calendar days after the date of the primary
486election.
487      [(d)(i) A registered voter who physically signs a form under Subsections (8) and
488(9)(b) may have the voter's signature removed from the form by, no later than 5
489p.m. three business days after the day on which the member submits the signature
490form to the election officer, submitting to the election officer a statement
491requesting that the voter's signature be removed.]
492[(ii) A statement described in Subsection (9)(d)(i) shall comply with the requirements
493described in Subsection 20A-1-1003(2).]
494[(iii) With the assistance of the county clerk as applicable, the election officer shall
495use the procedures described in Subsection 20A-1-1003(3) to determine whether
496to remove an individual's signature after receiving a timely, valid statement
497requesting removal of the signature.]
498      (e)(i) An election officer shall, in accordance with this Subsection (9)(e) and rules
499made under Section 20A-3a-106, conduct regular audits of signature comparisons
500made between signatures gathered under this section and voter signatures
501maintained by the election officer.
502(ii) An individual who conducts an audit of signature comparisons under this section
503may not audit the individual's own work.
504(iii) The election officer shall:
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505(A) audit 1% of all signature comparisons described in Subsection (9)(e)(i) to
506determine the accuracy of the comparisons made;
507(B) record the individuals who conducted the audit;
508(C) record the audit results;
509(D) provide additional training or staff reassignments, as needed, based on the
510results of an audit described in Subsection (9)(e)(i); and
511(E) record any remedial action taken.
512(iv) The audit results described in Subsection (9)(e)(iii)(C) are a public record.
513(f) An election officer who certifies signatures under Subsection (9)(c) or
51420A-9-403(3)(d) shall, after certifying enough signatures to establish that a candidate
515has reached the applicable signature threshold described in Subsection (8) or
51620A-9-403(3)(a), as applicable, continue to certify signatures submitted for the
517candidate in excess of the number of signatures required, until the election officer
518either:
519(i) certifies signatures equal to 110% of the applicable signature threshold; or
520(ii) has reviewed all signatures submitted for the candidate before reaching an
521amount equal to 110% of the applicable signature threshold.
522   (10)(a) This Subsection (10) applies only to the electronic candidate qualification
523process.
524(b) In order for a member of the qualified political party to qualify as a candidate for the
525qualified political party's nomination for an elective office under this section, the
526member shall, before the deadline described in Subsection (12), collect signatures
527electronically:
528(i) in accordance with Section 20A-21-201; and
529(ii) using progressive screens, in a format approved by the lieutenant governor, that
530complies with Subsection 20A-9-405(4).
531(c) Upon timely receipt of the signatures described in Subsections (8) and [(9)(b)] (10)(b),
532the election officer shall, no later than the earlier of 14 calendar days after the day on
533which the election officer receives the signatures, or one day before the day on which
534the qualified political party holds the convention to select a nominee for the elective
535office to which the signature packets relate:
536(i) check the name of each individual who completes the verification for a signature
537to determine whether each individual is at least 18 years old; and
538(ii) submit the name of each individual described in Subsection (10)(c)(i) who is not
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539at least 18 years old to the attorney general and the county attorney.
540(d) Subject to Subsection 20A-9-405(11), an election officer shall, no later than five
541business days after the day on which the signature of an individual who signs a
542petition is certified under Section 20A-21-201, post the name and date of signature of
543the individual on the lieutenant governor's website, in a conspicuous location
544designated by the lieutenant governor, for at least 90 calendar days after the date of
545the primary election.
546   (11)(a) An individual may not gather signatures under this section until after the
547individual files a notice of intent to gather signatures for candidacy described in this
548section.
549(b) An individual who files a notice of intent to gather signatures for candidacy,
550described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the
551individual files the notice of intent to gather signatures for candidacy:
552(i) required to comply with the reporting requirements that a candidate for office is
553required to comply with; and
554(ii) subject to the same enforcement provisions, and civil and criminal penalties, that
555apply to a candidate for office in relation to the reporting requirements described
556in Subsection (11)(b)(i).
557(c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), or
558Subsections (8) and (10)(b), the election officer shall, no later than the day before the
559day on which the qualified political party holds the convention to select a nominee
560for the elective office to which the signature packets relate, notify the qualified
561political party and the lieutenant governor of the name of each member of the
562qualified political party who qualifies as a nominee of the qualified political party,
563under this section, for the elective office to which the convention relates.
564(d) Upon receipt of a notice of intent to gather signatures for candidacy described in this
565section, the lieutenant governor shall post the notice of intent to gather signatures for
566candidacy on the lieutenant governor's website in the same location that the
567lieutenant governor posts a declaration of candidacy.
568   (12) The deadline before which a member of a qualified political party must collect and
569submit signatures to the election officer under this section is 5 p.m. on the last business
570day that is at least 14 calendar days before the day on which the qualified political
571party's convention for the office begins.
572   (13) For the 2026 election year only, an individual who desires to gather signatures to seek
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573the nomination of a qualified political party for the office of United States representative
574shall:
575(a) in accordance with Subsection (3)(a), file a notice of intent to gather signatures
576during the period beginning at 8 a.m. on the first business day of January and ending
577at 5 p.m. on March 13, 2026; and
578(b) during the period beginning on the day on which the individual files the notice of
579intent to gather signatures and ending at 5 p.m. on March 13, 2026, on a form
580approved by the lieutenant governor that complies with Subsection 20A-9-405(3),
581collect 7,000 signatures of registered voters who are residents of the state and are
582permitted by the qualified political party to vote for the qualified political party's
583candidates in a primary election.
584   The following section is affected by a coordination clause at the end of this bill.
585Section 5. Section 20A-9-502 is amended to read:
58620A-9-502 . Certificate of nomination -- Contents -- Circulation -- Verification --
587   Criminal penalty -- Removal of petition signature.
588   (1) The candidate shall:
589   (a) prepare a certificate of nomination in substantially the following form:
590"State of Utah, County of ______________________________________________
591I, ______________, declare my intention of becoming an unaffiliated candidate for the
592political group designated as ____ for the office of ____. I do solemnly swear that I can
593qualify to hold that office both legally and constitutionally if selected, and that I reside at ____
594Street, in the city of ____, county of ____, state of ______, zip code ____, phone ____, and
595that I am providing, or have provided, the required number of holographic signatures of
596registered voters required by law; that as a candidate at the next election I will not knowingly
597violate any election or campaign law; that, if filing via a designated agent for an office other
598than president of the United States, I will be out of the state of Utah during the entire candidate
599filing period; I will file all campaign financial disclosure reports as required by law; and I
600understand that failure to do so will result in my disqualification as a candidate for this office
601and removal of my name from the ballot.
602
  __________________________________________
603
  Subscribed and sworn to before me this ______(month\day\year).
604
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  __________________________________________
605
  Notary Public (or other officer
606
  qualified to administer oaths)";
607(b) for each signature packet, bind signature sheets to a copy of the certificate of
608nomination and the circulator verification, that:
609(i) are printed on sheets of paper 8-1/2 inches long and 11 inches wide;
610(ii) are ruled with a horizontal line 3/4 inch from the top, with the space above that
611line blank for the purpose of binding;
612(iii) contain the name of the proposed candidate and the words "Unaffiliated
613Candidate Certificate of Nomination Petition" printed directly below the
614horizontal line;
615(iv) contain the word "Warning" printed directly under the words described in
616Subsection (1)(b)(iii);
617   (v) contain, to the right of the word "Warning," the following statement printed in not less than
618eight-point, single leaded type:
619"It is a class A misdemeanor for anyone to knowingly sign a certificate of nomination
620signature sheet with any name other than the person's own name or more than once for the
621same candidate or if the person is not registered to vote in this state and does not intend to
622become registered to vote in this state before the county clerk certifies the signatures.";
623   (vi) contain the following statement directly under the statement described in Subsection
624(1)(b)(v):
625"Each signer says:
626I have personally signed this petition with a holographic signature;
627I am registered to vote in Utah or intend to become registered to vote in Utah before the
628county clerk certifies my signature; and
629My street address is written correctly after my name.";
630(vii) contain horizontally ruled lines, 3/8 inch apart under the statement described in
631Subsection (1)(b)(vi); and
632(viii) be vertically divided into columns as follows:
633(A) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide,
634be headed with "For Office Use Only," and be subdivided with a light vertical
635line down the middle;
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636(B) the next column shall be 2-1/2 inches wide, headed "Registered Voter's
637Printed Name (must be legible to be counted)";
638(C) the next column shall be 2-1/2 inches wide, headed "Holographic Signature of
639Registered Voter";
640(D) the next column shall be one inch wide, headed "Birth Date or Age
641(Optional)";
642(E) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
643Code"; and
644(F) at the bottom of the sheet, contain the following statement: "Birth date or age
645information is not required, but it may be used to verify your identity with
646voter registration records. If you choose not to provide it, your signature may
647not be certified as a valid signature if you change your address before petition
648signatures are certified or if the information you provide does not match your
649voter registration records."; and
650   (c) bind a final page to one or more signature sheets that are bound together that contains,
651except as provided by Subsection (3), the following printed statement:
652"Verification
653State of Utah, County of ____
654I, _______________, of ____, hereby state that:
655I am at least 18 years old;
656All the names that appear on the signature sheets bound to this page were signed by
657persons who professed to be the persons whose names appear on the signature sheets, and each
658of them signed the person's name on the signature sheets in my presence;
659I believe that each has printed and signed the person's name and written the person's
660street address correctly, and that each signer is registered to vote in Utah or will register to
661vote in Utah before the county clerk certifies the signatures on the signature sheet.
662______________________________________________________________________
663(Signature)      (Residence Address)  (Date)."[.]
664   (2) An agent designated to file a certificate of nomination under Subsection
66520A-9-503(2)(b) or (4)(b) may not sign the form described in Subsection (1)(a).
666   (3)(a) The candidate shall circulate the nomination petition and ensure that the person in
667whose presence each signature sheet is signed:
668(i) is at least 18 years old; and
669(ii) verifies each signature sheet by completing the verification bound to one or more
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670signature sheets that are bound together.
671(b) A person may not sign the circulator verification if the person signed a signature
672sheet bound to the verification.
673   (4)(a) It is unlawful for any person to:
674(i) knowingly sign a certificate of nomination signature sheet:
675(A) with any name other than the person's own name;
676(B) more than once for the same candidate; or
677(C) if the person is not registered to vote in this state and does not intend to
678become registered to vote in this state before the county clerk certifies the
679signatures; or
680(ii) sign the verification of a certificate of nomination signature sheet if the person:
681(A) has not witnessed the signing by those persons whose names appear on the
682certificate of nomination signature sheet; or
683(B) knows that a person whose signature appears on the certificate of nomination
684signature sheet is not registered to vote in this state and does not intend to
685become registered to vote in this state.
686(b) Any person violating this Subsection (4) is guilty of a class A misdemeanor.
687(c) If a person whose signature appears on a nomination petition notifies the county
688clerk that the person did not sign the nomination petition, the county clerk shall, after
689making a reasonable attempt to determine the accuracy of the person's allegation, but
690no later than three business days after the day on which the allegation is received,
691notify the county or district attorney of:
692(i) the nature of the allegation; and
693(ii) the name of, and available contact information for:
694(A) the person making the allegation; and
695(B) the person who collected the signature.
696   (5)(a) To qualify for placement on the general election ballot, the candidate shall, no
697earlier than the start of the applicable declaration of candidacy period described in
698Section 20A-9-201.5 and no later than 5 p.m. on June 15 of the year in which the
699election will be held:
700(i) comply with Subsection 20A-9-503(1); and
701(ii) submit each signature packet to the county clerk where the majority of the
702signatures in the packet were collected, with signatures totaling:
703(A) at least 1,000 registered voters residing within the state when the nomination
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704is for an office to be filled by the voters of the entire state; or
705(B) at least 300 registered voters residing within a political division or at least 5%
706of the registered voters residing within a political division, whichever is less,
707when the nomination is for an office to be filled by the voters of any political
708division smaller than the state.
709(b) A candidate has not complied with Subsection (5)(a)(ii), unless the county clerks
710verify that each required signature is a valid signature of a registered voter who is
711eligible to sign the signature packet and has not signed a signature packet to nominate
712another candidate for the same office.
713(c) In reviewing the signature packets, the county clerk shall count and certify only those
714persons who signed with a holographic signature, who:
715(i) are registered voters within the political division that the candidate seeks to
716represent; and
717(ii) did not sign any other certificate of nomination for that office.
718(d) The county clerk shall count and certify the number of registered voters who validly
719signed a signature packet, no later than 30 calendar days after the day on which the
720candidate submits the signature packet.
721(e) The candidate may supplement the signatures or amend the certificate of nomination
722or declaration of candidacy at any time on or before 5 p.m. on June 15 of the year in
723which the election will be held.
724(f) The county clerk shall use the procedures described in Section 20A-1-1002 to
725determine whether a signer is a registered voter who is qualified to sign the signature
726packet.
727   (6) Subject to Subsection (7), the county clerk shall, no later than five business days after
728the day on which the signature of a voter who signs a signature packet is certified under
729Subsection (5)(d) or Section 20A-21-201, post the voter's name and date of signature on
730the lieutenant governor's website, in a conspicuous location designated by the lieutenant
731governor, until at least the day of the deadline described in Subsection
73220A-9-403(3)(d)(vi).
733   [(6)] (7)(a) A voter who signs a signature packet under this section may have the voter's
734signature removed from the signature packet by[, no later than 5 p.m. three business
735days after the day on which the candidate submits the signature packet to the county
736clerk, submitting to the county clerk a statement requesting that the voter's signature
737be removed.] submitting to the county clerk a statement requesting that the voter's
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738signature be removed no later than 5 p.m. three business days after the day on which:
739(i) the candidate submits the signature packet to the county clerk under Subsection
740(5)(a); or
741(ii) if the voter electronically signed the nomination petition under Section
74220A-21-201:
743(A) the website defined in Section 20A-21-101 certifies the voter's signature under
744Subsection 20A-21-201(6)(a); or
745(B) the county clerk certifies the voter's signature under Subsection 20A-21-201(7).
746(b) A statement described in Subsection [(6)(a)] (7)(a) shall comply with the
747requirements described in Subsection 20A-1-1003(2).
748(c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to
749determine whether to remove an individual's signature from a signature packet after
750receiving a timely, valid statement requesting removal of the signature.
751   (8)(a) If a county clerk timely receives a statement requesting signature removal under
752Subsection (7)(a) and determines that the signature should be removed from the
753nomination petition under Subsection 20A-1-1003(3), the county clerk shall:
754(i) remove the voter's name and date of signature from the nomination petition and
755the posting described in Subsection (6); and
756(ii) update the nomination petition signature totals.
757(b) The county clerk shall comply with Subsection (8)(a) no later than the day of the
758deadline described in Subsection (5)(d).
759Section 6. Effective Date.
760   This bill takes effect on May 6, 2026.
761Section 7. Coordinating H.B. 167 with H.B. 223.
762   If H.B. 167, Signature Collection Modifications, and H.B. 223, Electronic Signature
763   Collection Amendments, both pass and become law, the Legislature intends that, on May 6,
764   2026:
765   (1) Subsection 20A-9-405(11)(a)(ii)(A), enacted in H.B. 167, be amended to read:
766   "(A) the system defined in Section 20A-21-101 certifies the voter's signature under
767   Subsection 20A-21-201(6)(a); or"; and
768   (2) Subsection 20A-9-502(7)(a)(ii)(A), enacted in H.B. 167, be amended to read:
769   "(A) the system defined in Section 20A-21-101 certifies the voter's signature under
770   Subsection 20A-21-201(6)(a); or".
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