1-1-7.2. Petitions; nominations; signatures to be counted.
495 words·~2 min read·
/nm/chapter-1-elections/article-1-definitions-and-general-provisions/1-1-7-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. A person who signs a nominating petition shall sign only one petition for the same office unless more than one candidate is to be elected to that office, and in that case, a person may sign not more than the number of nominating petitions equal to the number of candidates to be elected to the office.
B. A person who signs a nominating petition shall indicate the person's registration address. If the person does not have a standard street address, the person may provide the mailing address as shown on the person's certificate of registration.
C. A signature shall be counted on a nominating petition unless there is evidence presented that the petition does not provide the information required by the nominating petition for each person signing or the person signing:
(1)is not a voter of the state, district, county or area to be represented by the office for which the person seeking the nomination is a candidate;
(2)has signed more than one petition for the same office, except as provided in Subsection A of this section, and if the person has signed more than one petition for the same office and in the same election cycle, none of the challenged signatures from that person shall count toward the total number of signatures required for any candidate for that office;
(3)has signed one petition more than once, in which case only one signature from that person shall count toward the total number of signatures required for that candidate for office;
(4)in a primary election, is not of the same political party as the candidate named in the nominating petition as shown by the signer's certificate of registration; or
(5)is not the person whose name appears on the nominating petition.
D. The procedures set forth in this section shall be used to validate signatures on any petition required by the Election Code, except that Paragraph
(4)of Subsection C of this section shall not apply to petitions filed by unaffiliated candidates or petitions filed by candidates of minor political parties.
E. No later than January 1, 2024, the secretary of state shall implement a secure internet application, in addition to the paper circulation process, to gather electronic signatures in accordance with rules developed by the secretary of state. The secure internet application shall provide for the ability to verify that a person signing the petition is a registered voter and is eligible to sign the petition for a particular candidate.
History: 1953 Comp., § 3-8-24.2, enacted by Laws 1973, ch. 228, § 5; 1975, ch. 255, § 109; 1975, ch. 295, § 16; 1979, ch. 378, § 7; 1985, ch. 207, § 8; 1993, ch. 314, § 47; 1993, ch. 316, § 47; 1999, ch. 267, § 27; 2011, ch. 137, § 58; 2017, ch. 101, § 10; 1978 Comp., § 1-8-31, recompiled and amended as § 1-1-7.2 by Laws 2019, ch. 212, § 9; 2023, ch. 39, § 4.