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Senate advances bill to tighten initiative and referendum rules after reported petition fraud
Summary
Senate committee substitute for SB 85 would require county clerks to certify petition signer names at least 90 days before a general election, bar petition withdrawal, require circulators/signers to be registered Utah voters, and create felony/misdemeanor penalties for fraud; bill moved to third reading.
The Utah Senate on Feb. 6 advanced SB 85, a measure to tighten initiative and referendum requirements that sponsors said responds to alleged fraudulent petition activity in a recent election.
Senator Black, sponsor of SB 85, told the Senate the bill was intended "to try and get at some of the fraud that had, happened on the red and yellow at the last election." He said the bill directs county clerks to check and certify signer names no later than 90 days before any general election and removes the right to withdraw petitions once circulated.
The committee substitute adds a requirement that signers and circulators be registered voters in Utah; committee amendments clarified the phrase to mean "registered to vote in Utah." The measure also creates criminal penalties for fraud related to petition circulation.
Senator Hilliard and others raised questions about whether the changes would disenfranchise recent movers who intend to register before the general election. Supporters said the requirements protect the integrity of the petition process and reduce opportunities for out‑of‑state paid circulators to affect Utah ballots.
The Senate placed the bill on the bottom of the third‑reading calendar with a recorded count of 22 yes, 3 no, and 4 absent.
