Lieutenant Governor, Elections

Rule R623-4

Electronic Signatures in Initiatives and Referenda

Notice of Proposed Rule

(New Rule)

DAR File No.: 33827
Filed: 07/14/2010 04:07:09 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to provide a framework by which those seeking to qualify a statewide initiative or referendum for the ballot may submit electronic signatures to comply with the signature requirements contained in the Elections Code. The intent of the rule is to maintain the statutory precautions and provisions in the initiative or referendum statutes protecting against fraud and mistake and provide for accountability in the use of electronic signatures. In the recent opinion by the Utah Supreme Court in the Anderson v. Bell case, the Court ruled that electronic signatures may be used in certificate of nomination petitions. The Court's decision highlights the need to develop rules to accommodate electronic signatures while still ensuring the integrity of the initiative and referendum process.

Summary of the rule or change:

The rule will authorize the Lieutenant Governor to allow the use of electronic signatures in statewide initiatives and referenda petitions if the sponsors' process allows for accommodation of the statutory precautions to protect against fraud and mistake. (DAR NOTE: A corresponding 120-day (emergency) rule is under DAR No. 33815 in this issue, August 1, 2010, of the Bulletin and is effective as of 07/08/2010.)

State statutory or constitutional authorization for this rule:

• Sections 20A-7-201 through 20A-7-214
• Section 63G-3-201
• Anderson v. Bell 2010 UT 47
• Article VII Sections 1 and 14
• Section 46-4-501
• Subsection 67-1a-2(2)(a)(i)
• Section 46-4-102
• Section 63G-3-304

Anticipated cost or savings to:

the state budget:

It is anticipated to have no cost or saving to the state budget. There is no cost difference between electronic signatures and holographic signatures when processing them at state level.

local governments:

Depending on how the sponsors meet the requirements and submit the completed petitions to the county clerks for certification, there could be either a cost or a savings.

small businesses:

It is anticipated to have no cost or saving to small businesses. The rule should not affect small businesses.

persons other than small businesses, businesses, or local governmental entities:

It is anticipated to have cost savings to the sponsors of initiatives and referenda. Depending on how the requirements are met, electronic petitions may be more cost effective than paper petitions.

Compliance costs for affected persons:

The cost for compliance will vary depending on how the sponsors meet the requirements of the rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

It is anticipated there will be no fiscal impact on businesses.

Greg Bell, Lieutenant Governor

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Lieutenant Governor
Elections
ROOM 220 UTAH STATE CAPITOL
SALT LAKE CITY, UT 84114

Direct questions regarding this rule to:

• Mark Thomas at the above address, by phone at 801-538-1041, by FAX at 801-538-1133, or by Internet E-mail at mjthomas@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/31/2010

This rule may become effective on:

09/08/2010

Authorized by:

Greg Bell, Lieutenant Governor

R623. Lieutenant Governor, Elections.

R623-4. Electronic Signatures In Initiatives and Referenda.

R623-4-1. Purpose.

The purpose of this rule is to provide a framework by which those seeking to qualify a statewide initiative or referendum for the ballot may submit electronic signatures to comply with the signature requirements contained in the Elections Code. The rule is intended to maintain the statutory precautions and provisions in the initiative or referendum statutes protecting against fraud and mistake and providing for accountability in the use of electronic signatures.

 

R623-4-2. Authority.

Authority for the adoption of this rule is Utah Constitution Article VII, Sections 1 and 14, Utah Code Subsections 67-1a-2(2)(a)(i) and (ii), Section 46-4-501, Section 63G-3-201, and Section 63G-3-304.

 

R623-4-3. Definitions.

"Electronic Record" and "Electronic Signature" have the same meaning as in the Utah Uniform Electronic Transactions Act, Utah Code Section 46-4-102.

 

R623-4-4. Application of the Rule.

This rule applies to and governs the use or recognition of an electronic signature in the initiative and referenda process by the Lieutenant Governor's Office and his staff. It is also applicable to and governs the use, recognition, or allowance of electronic signatures in the initiative and referendum process by county clerks in statewide initiatives and referenda.

 

R623-4-5. Policy of the Rule.

It is the policy of this rule to allow the use and recognition of electronic signatures in initiatives and referenda to the extent that this can be done while maintaining the Legislature's recognized precautions to protect against fraud or mistake in the signature gathering process.

 

R623-4-6. Authorization to Use Electronic Signatures in Initiative and Referenda.

In order to preserve the integrity, security and auditability of the signature gathering process while using electronic signatures, and to maintain the Legislature's precautions and provisions to protect against fraud and mistake in that process, electronic signatures are authorized to be used and counted in initiatives and referenda if the processes for gathering electronic signatures meet the following standards:

1. For electronic signatures gathered after this rule takes effect, the Lieutenant Governor shall have authorized the creation of electronic packets and assigned a range of unique numbers to be applied to those packets prior to their circulation, execution, or signing, Utah Code Subsection 20A-7-204(5);

2. Communication and an exchange of information shall have occurred between the sponsor and any proposed circulator sufficient for the sponsor to satisfy his duty that the individual is of 18 years of age and a resident of the State of Utah, Utah Code Subsection 20A-7-205(2);

3. The circulator shall have circulated the petition to other legal voters, Utah Code Section 20A-7-203, and Subsection 20A-7-101(3);

4. The person electronically signing the petition shall have done so in the circulator's presence, Utah Code Subsection 20A-7-203(3); and

5. The person signing the petition under Utah Code Subsection 20A-7-203(1) is a different person than the one signing under Subsection 20A-7-203(3) verifying that the persons who signed the packet did so in his or her presence.

 

R623-4-7. Effective Date.

This rule is effective immediately. In order to ensure that electronic signatures may be recognized and counted and avoid imminent peril to the public welfare and comply with state law, the Lieutenant Governor has determined that there is a need for immediate implementation of this rule.

The Lieutenant Governor will publish this Interim Rule and will solicit public comment on its provisions for thirty days. The Lieutenant Governor will review those comments to determine if a public hearing on the rule is necessary and whether any changes need to be made. He will then finalize its provisions.

 

KEY: electronic signatures, statewide initiatives and referenda, ballot propositions, petitions

Date of Enactment or Last Substantive Amendment: 2010

Authorizing, and Implemented or Interpreted Law: Article VII Sections 1 and 14; 46-4-102; 46-4-501; 20A-7-201 through 214; 67-1a-2(2)(a)(i); 63G-3-201; 63G-3-304; Anderson v. Bell 2010 UT 47