HB 223: Electronic Signature Collection Amendments - Utah

Substitute #3 → Substitute #4 · 12 edits

MAJOR

This bill updates Utah's electronic signature gathering laws for initiatives, referendums, and candidate nominations by introducing new device requirements, phased implementation of electronic-only signature collection, and enhanced security standards. The changes modernize the signature collection process while maintaining flexibility through a multi-year transition period.

Scope change

The bill expands the scope of electronic signature requirements to include candidate nomination petitions alongside existing initiative and referendum processes, and clarifies definitions to standardize terminology across related legislation.

REQUIREMENT

New requirement for signature-gathering devices to scan and extract data from driver licenses, state ID cards, or other valid voter identification

Beginning January 1, 2028, at least 10% of petition signatures must be gathered using the electronic signature gathering process

Beginning January 1, 2030, at least 50% of petition signatures must be gathered using the electronic signature gathering process

Beginning January 1, 2032, sponsors of initiatives and referendums must gather signatures exclusively using the electronic signature gathering process, prohibiting manual collection

Beginning January 1, 2032, candidates seeking nomination must gather signatures exclusively using the electronic candidate qualification process

Requirement for the lieutenant governor to submit annual reports to the Government Operations Interim Committee from October 1, 2026 through October 1, 2031

TIMELINE

Beginning January 1, 2028, signature-gathering devices must be capable of operating in an offline environment

January 1, 2032 repeal date for sections related to manual signature gathering processes

DEFINITION

Added definition of 'Approved device' and clarified definitions for electronic initiative, referendum, and candidate qualification processes

ENFORCEMENT

Authority for the lieutenant governor to suspend the 10% electronic signature requirement if the system is not functioning in a manner that reasonably permits compliance

TECHNICAL

Distinguished between baseline device security configuration standards and ongoing cyber-security procedures for system operation, monitoring, and maintenance

SCOPE

Coordination clause to standardize defined terms with H.B. 32, Signature Gathering and Verification Amendments

Substitute #2 → Substitute #3 · 7 edits

MODERATE

This bill was revised to significantly delay the mandatory electronic signature requirements and add interim thresholds. The original version required 100% electronic signatures by January 1, 2030, while the new version requires at least 10% electronic signatures by January 1, 2028, then 50% by January 1, 2030, with full electronic-only requirements not starting until January 1, 2032. The bill also adds authority for the lieutenant governor to suspend the 10% requirement if the electronic system malfunctions.

Scope change

The bill's scope was expanded to include additional Utah Code sections (20A-7-101, 20A-7-201, 20A-7-207, 20A-7-213, 20A-7-301, 20A-7-307, 20A-7-312, 20A-7-501, 20A-7-507, 20A-7-512, 20A-7-601, 20A-7-607, 20A-7-612, 20A-9-101, 20A-9-403, 20A-9-408, 20A-9-502) that were not amended in the previous version, and the repeal dates for manual signature gathering were changed from January 1, 2030 to January 1, 2032.

TIMELINE

Delayed the mandatory electronic-only signature requirement from January 1, 2030 to January 1, 2032, and added intermediate thresholds requiring 10% electronic signatures by January 1, 2028 and 50% by January 1, 2030.

Extended the annual reporting requirement from ending in 2029 to ending in 2031.

Changed the repeal date for manual signature gathering sections from January 1, 2030 to January 1, 2032.

REQUIREMENT

Added authority for the lieutenant governor to suspend the 10% electronic signature requirement if the electronic system is not functioning properly.

DEFINITION

Added new definitions for 'Budget officer' and 'Circulation' in Section 20A-7-101.

Modified the definition of 'Approved device' to reference Section 20A-21-201(2) instead of (4).

SCOPE

Expanded the list of Utah Code sections to be amended to include additional provisions related to manual signature gathering processes.

Substitute #1 → Substitute #2 · 2 edits

MINOR

This substitute bill modifies HB 223 to add a new provision allowing individuals to directly access and electronically sign petitions through an online portal administered by the lieutenant governor. The change expands the electronic signature gathering process beyond just signature-gatherers using approved devices, giving petition signers direct access to the system. This represents a significant shift in how citizens can participate in the electronic petition process.

Scope change

The bill's scope expanded to include direct citizen access to the electronic petition portal, whereas the original version only covered signature-gatherers using approved devices.

REQUIREMENT

Added authorization for individuals to directly access and electronically sign petitions through an online petition portal developed and administered by the lieutenant governor, beginning January 1, 2030.

TECHNICAL

Modified the highlighted provisions section to clarify the new direct access provision while maintaining the existing requirements for signature-gatherers to use approved devices.

Introduced → Substitute #1 · 7 edits

MODERATE

This substitute bill amends HB 223 to add a new Senate sponsor, update the highlighted provisions to clarify security requirements and reporting obligations, and correct formatting inconsistencies throughout the document. The core policy changes regarding electronic signature gathering remain the same, but the substitute version includes additional clarifications about device security standards, annual reporting to the Government Operations Interim Committee, and coordination with related legislation.

Scope change

The bill's substantive scope remains unchanged - it still amends the same Utah Code sections related to electronic signature gathering for initiatives, referendums, and candidate nominations. The primary differences are formatting corrections, text clarifications, and the addition of a Senate sponsor name.

TECHNICAL

Added Senate Sponsor name (Jerry W Stevenson) to the header section

Added coordination clause to standardize defined terms with H.B. 32 (Signature Gathering and Verification Amendments)

Corrected formatting inconsistencies in highlighted provisions section, including bullet point formatting and text alignment

Fixed bracketed text artifacts from original markup (e.g., [website] system, [or] in subsection (iv))

Reordered and renumbered subsections in Section 20A-7-502.7 for clarity (renumbered (b) to (vi), (c) to (b), (d) to (c))

REQUIREMENT

Added clarification about distinguishing between baseline device security configuration standards and ongoing cyber-security procedures for system operation, monitoring, and maintenance

Added requirement for lieutenant governor to submit annual reports to Government Operations Interim Committee, beginning October 1, 2026, through October 1, 2029

Electronic Signature Collection Amendments

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