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Senate tightens rules for initiatives and petitions, bars electronic signatures
Summary
The Senate passed a sweeping set of election-law amendments on March 7, 2011 (SB165) that clarify timelines for initiative and referendum petitions, prohibit electronic signatures for qualification packets and require county signature verification procedures; sponsors said the measures remove ambiguity used in litigation.
On March 7 the Utah Senate approved the second substitute of Senate Bill 165, a package of election-law amendments addressing initiative and referendum procedures, signature verification and petition timing.
Senator Bramble, sponsor of the measure, said the bill resolves ambiguity in the law about electronic signatures and petition timelines and requires handwritten ("holographic") signatures for qualifying a candidate, ballot proposition or party-organization petition. "It clarifies that the State of Utah prohibits the use of an electronic signature and requires the use of a holographic signature," Bramble told the floor. The bill also forbids a person from verifying their own packet and requires county clerks to compare signatures against the voter-registration database when verifying packets.
Senator McAdams and others raised questions about administrative burdens and the consequences for paid signature gatherers; Bramble said most disclosure obligations remain and that the bill aims for clarity. McAdams asked whether the repeal of an earlier disclosure section removed obligations for paid signature gatherers; the sponsor and counsel said other statutes (PAC/PIC rules) would continue to impose disclosure obligations.
After extended discussion and several suggested drafting clarifications the Senate passed the second substitute by roll call, 26 yea, 1 nay, forwarding it to the House for further action.
