Bill Summary – FastDemocracy

Enrolled Copy                                                                              S.B. 47
                PUBLIC DOCUMENT SIGNATURE CLASSIFICATION
                                       2020 GENERAL SESSION
                                           STATE OF UTAH
                                    Chief Sponsor: Jani Iwamoto
                                    House Sponsor: Steve Eliason
 6
 LONG TITLE
 General Description:
        This bill classifies as a protected record signatures on a political petition, on a request to
 withdraw a signature from a political petition, and on other documents relating to
 elections.
 Highlighted Provisions:
        This bill:
        < provides that signatures on a voter registration record, a political petition, a request
 to withdraw a signature from a political petition, and other documents relating to
 elections are protected records;
        < permits an individual to view, but not to make a copy of, a signature described in
 the preceding paragraph;
        < except for a record classified as private, requires a records custodian to provide a
 list of names instead of a signature protected under the provisions of this bill; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        20A-7-206, as last amended by Laws of Utah 2019, Chapters 210, 217, 255 and last
 amended by Coordination Clause, Laws of Utah 2019, Chapters 210, and 217
       S.B. 47                                                                          Enrolled Copy
        20A-7-605, as last amended by Laws of Utah 2019, Chapter 203
        63G-2-305, as last amended by Laws of Utah 2019, Chapters 128, 193, 244, and 277
 ENACTS:
        63G-2-305.5, Utah Code Annotated 1953
34
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 20A-7-206 is amended to read:
        20A-7-206. Submitting the initiative petition -- Certification of signatures by the
 county clerks -- Transfer to lieutenant governor.
        (1) (a) In order to qualify an initiative petition for placement on the regular general
 election ballot, the sponsors shall deliver a signed and verified initiative packet to the county
 clerk of the county in which the packet was circulated before 5 p.m. no later than the earlier of:
        (i) 30 days after the day on which the first individual signs the initiative packet;
        (ii) 316 days after the day on which the application for the initiative petition is filed; or
        (iii) the February 15 immediately before the next regular general election immediately
 after the application is filed under Section 20A-7-202.
        (b) A sponsor may not submit an initiative packet after the deadline described in
 Subsection (1)(a).
        (2) For an initiative packet received by the county clerk before December 1, the county
 clerk shall, within 30 days after the day on which the county clerk receives the packet:
        (a) determine whether each signer is a registered voter according to the requirements of
 Section 20A-7-206.3;
        (b) certify on the petition whether each name is that of a registered voter;
        (c) post the name and voter identification number of each registered voter certified
 under Subsection (2)(b) in a conspicuous location on the county's website for at least 90 days;
 and
        (d) deliver the verified initiative packet to the lieutenant governor.
        (3) For an initiative packet received by the county clerk on or after December 1, the
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       Enrolled Copy                                                                                S.B. 47
 county clerk shall, within 21 days after the day on which the county clerk receives the packet:
        (a) determine whether each signer is a registered voter according to the requirements of
 Section 20A-7-206.3;
        (b) certify on the petition whether each name is that of a registered voter;
        (c) post the name and [precinct] voter identification number of each registered voter
 certified under Subsection (2)(b) in a conspicuous location on the county's website for at least
 45 days; and
        (d) deliver the verified initiative packet to the lieutenant governor.
        (4) Within seven days after timely receipt of a statement described in Subsection
 20A-7-205(3), the county clerk shall:
        (a) remove the voter's signature from the posting described in Subsection (2)(c) or
 (3)(c); and
        (b) (i) remove the voter's signature from the signature packet totals; and
        (ii) inform the lieutenant governor of the removal.
        (5) The county clerk may not certify a signature under Subsection (2) or (3):
        (a) on an initiative packet that is not verified in accordance with Section 20A-7-205; or
        (b) that does not have a date of signature next to the signature.
        (6) In order to qualify an initiative petition for submission to the Legislature, the
 sponsors shall deliver each signed and verified initiative packet to the county clerk of the
 county in which the packet was circulated before 5 p.m. no later than the November 15 before
 the next annual general session of the Legislature immediately after the application is filed
 under Section 20A-7-202.
        (7) The county clerk may not certify a signature under Subsection (8) on an initiative
 packet that is not verified in accordance with Section 20A-7-205.
        (8) No later than December 15 before the annual general session of the Legislature, the
 county clerk shall, for an initiative described in Subsection (6):
        (a) determine whether each signer is a registered voter according to the requirements of
 Section 20A-7-206.3;
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        S.B. 47                                                                           Enrolled Copy
         (b) certify on the petition whether each name is that of a registered voter; and
         (c) deliver all of the verified initiative packets to the lieutenant governor.
         (9) The sponsor or a sponsor's representative may not retrieve an initiative packet from
 a county clerk after the initiative packet is submitted to the county clerk.
         Section 2. Section 20A-7-605 is amended to read:
         20A-7-605. Obtaining signatures -- Verification -- Removal of signature.
         (1) Any Utah voter may sign a local referendum petition if the voter is a legal voter and
 resides in the local jurisdiction.
         (2) (a) The sponsors shall ensure that the individual in whose presence each signature
 sheet was signed:
         (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
 and
         (ii) verifies each signature sheet by completing the verification printed on the last page
 of each referendum packet.
         (b) An individual may not sign the verification printed on the last page of the
 referendum packet if the individual signed a signature sheet in the referendum packet.
         (3) (a) Any voter who has signed a referendum petition may have the voter's signature
 removed from the petition by submitting a statement to that effect to the county clerk.
         (b) Except as provided in Subsection (3)(c), upon receipt of the statement, the county
 clerk shall remove the signature of the individual submitting the statement from the referendum
 petition.
         (c) A county clerk may not remove signatures from a referendum petition later than
 seven days after the day on which the sponsors timely submit the last signature packet to the
 county clerk.
         (4) The sponsors of a referendum petition:
         (a) shall, for each signature packet:
         (i) within seven days after the day on which the first individual signs the signature
 packet, provide a clear, legible image of all signatures on the signature packet to the county
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        Enrolled Copy                                                                             S.B. 47
 clerk via email or other electronic means; and
        (ii) immediately send a new image if the county clerk informs the sponsors that the
 image is not clear and legible;
        (b) may not permit additional signatures on a signature packet of which the sponsors
 have sent an image under Subsection (4)(a); and
        (c) may not submit a signature packet to the county clerk unless the sponsors timely
 comply with the requirements of Subsection (4)(a) in relation to the signature packet.
        (5) Each person who gathers a signature removal statement described in Subsection
 (3):
        (a) shall, within seven days after the day on which the individual signs the signature
 removal statement, provide a clear, legible image of the statement to the county clerk via email
 or other electronic means; and
        (b) shall, immediately send a new image if the local clerk informs the sender that the
 image is not clear and legible; and
        (c) may not submit a signature removal statement to the county clerk, unless the sender
 timely complies with the requirements of Subsections (5)(a) and (b) in relation to the signature
 removal statement.
        (6) (a) The county clerk shall provide to an individual, upon request[:], a document or
 electronic list containing the name and voter identification number of each individual who
 signed the initiative packet.
        [(i) an image of a signature packet or signature removal statement with the dates of
 birth redacted; or]
        [(ii) instead of providing an image described in Subsection (6)(a)(i), a document or
 electronic list containing the name and other information, other than the dates of birth, that
 appear on an image described in this Subsection (6)(a).]
        (b) Subject to Subsection 20A-7-606.3(3), the local clerk may begin certifying,
 removing, and tallying signatures upon receipt of an image described in Subsection (4) or (5).
        Section 3. Section 63G-2-305 is amended to read:
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        S.B. 47                                                                          Enrolled Copy
        63G-2-305. Protected records.
        The following records are protected if properly classified by a governmental entity:
        (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
 has provided the governmental entity with the information specified in Section 63G-2-309;
        (2) commercial information or nonindividual financial information obtained from a
 person if:
        (a) disclosure of the information could reasonably be expected to result in unfair
 competitive injury to the person submitting the information or would impair the ability of the
 governmental entity to obtain necessary information in the future;
        (b) the person submitting the information has a greater interest in prohibiting access
 than the public in obtaining access; and
        (c) the person submitting the information has provided the governmental entity with
 the information specified in Section 63G-2-309;
        (3) commercial or financial information acquired or prepared by a governmental entity
 to the extent that disclosure would lead to financial speculations in currencies, securities, or
 commodities that will interfere with a planned transaction by the governmental entity or cause
 substantial financial injury to the governmental entity or state economy;
        (4) records, the disclosure of which could cause commercial injury to, or confer a
 competitive advantage upon a potential or actual competitor of, a commercial project entity as
 defined in Subsection 11-13-103(4);
        (5) test questions and answers to be used in future license, certification, registration,
 employment, or academic examinations;
        (6) records, the disclosure of which would impair governmental procurement
 proceedings or give an unfair advantage to any person proposing to enter into a contract or
 agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
 Subsection (6) does not restrict the right of a person to have access to, after the contract or
 grant has been awarded and signed by all parties:
        (a) a bid, proposal, application, or other information submitted to or by a governmental
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        Enrolled Copy                                                                                    S.B. 47
 entity in response to:
           (i) an invitation for bids;
           (ii) a request for proposals;
           (iii) a request for quotes;
           (iv) a grant; or
           (v) other similar document; or
           (b) an unsolicited proposal, as defined in Section 63G-6a-712;
           (7) information submitted to or by a governmental entity in response to a request for
 information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
 the right of a person to have access to the information, after:
           (a) a contract directly relating to the subject of the request for information has been
 awarded and signed by all parties; or
           (b) (i) a final determination is made not to enter into a contract that relates to the
 subject of the request for information; and
           (ii) at least two years have passed after the day on which the request for information is
 issued;
           (8) records that would identify real property or the appraisal or estimated value of real
 or personal property, including intellectual property, under consideration for public acquisition
 before any rights to the property are acquired unless:
           (a) public interest in obtaining access to the information is greater than or equal to the
 governmental entity's need to acquire the property on the best terms possible;
           (b) the information has already been disclosed to persons not employed by or under a
 duty of confidentiality to the entity;
           (c) in the case of records that would identify property, potential sellers of the described
 property have already learned of the governmental entity's plans to acquire the property;
           (d) in the case of records that would identify the appraisal or estimated value of
 property, the potential sellers have already learned of the governmental entity's estimated value
 of the property; or
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        S.B. 47                                                                           Enrolled Copy
        (e) the property under consideration for public acquisition is a single family residence
 and the governmental entity seeking to acquire the property has initiated negotiations to acquire
 the property as required under Section 78B-6-505;
        (9) records prepared in contemplation of sale, exchange, lease, rental, or other
 compensated transaction of real or personal property including intellectual property, which, if
 disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
 of the subject property, unless:
        (a) the public interest in access is greater than or equal to the interests in restricting
 access, including the governmental entity's interest in maximizing the financial benefit of the
 transaction; or
        (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
 the value of the subject property have already been disclosed to persons not employed by or
 under a duty of confidentiality to the entity;
        (10) records created or maintained for civil, criminal, or administrative enforcement
 purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
 release of the records:
        (a) reasonably could be expected to interfere with investigations undertaken for
 enforcement, discipline, licensing, certification, or registration purposes;
        (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
 proceedings;
        (c) would create a danger of depriving a person of a right to a fair trial or impartial
 hearing;
        (d) reasonably could be expected to disclose the identity of a source who is not
 generally known outside of government and, in the case of a record compiled in the course of
 an investigation, disclose information furnished by a source not generally known outside of
 government if disclosure would compromise the source; or
        (e) reasonably could be expected to disclose investigative or audit techniques,
 procedures, policies, or orders not generally known outside of government if disclosure would
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        Enrolled Copy                                                                              S.B. 47
 interfere with enforcement or audit efforts;
         (11) records the disclosure of which would jeopardize the life or safety of an
 individual;
         (12) records the disclosure of which would jeopardize the security of governmental
 property, governmental programs, or governmental recordkeeping systems from damage, theft,
 or ot