(1)For ballot
issues, each section of a petition to which there is attached an affidavit of the
registered elector who circulated the petition that each signature thereon is the
signature of the person whose name it purports to be and that to the best of the
knowledge and belief of the affiant each of the persons signing the petition was at
the time of signing a registered elector shall be prima facie evidence that the
signatures are genuine and true, that the petitions were circulated in accordance
with the provisions of this article, and that the form of the petition is in accordance
with this article.
(2)Upon submission of the petition, the secretary of state shall examine
each name and signature on the petition. The petition shall not be available to the
public for a perio
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(1) For ballot
issues, each section of a petition to which there is attached an affidavit of the
registered elector who circulated the petition that each signature thereon is the
signature of the person whose name it purports to be and that to the best of the
knowledge and belief of the affiant each of the persons signing the petition was at
the time of signing a registered elector shall be prima facie evidence that the
signatures are genuine and true, that the petitions were circulated in accordance
with the provisions of this article, and that the form of the petition is in accordance
with this article.
(2) Upon submission of the petition, the secretary of state shall examine
each name and signature on the petition. The petition shall not be available to the
public for a period of no more than thirty calendar days for the examination. The
secretary shall assure that the information required by sections 1-40-110 and 1-40-111 is complete, that the information on each signature line was written by the
person making the signature, and that no signatures have been added to any
sections of the petition after the affidavit required by section 1-40-111 (2) has been
executed.
(3) No signature shall be counted unless the signer is a registered elector
and eligible to vote on the measure. A person shall be deemed a registered elector
if the person's name and address appear on the master voting list kept by the
secretary of state at the time of signing the section of the petition. In addition, the
secretary of state shall not count the signature of any person whose information is
not complete or was not completed by the elector or a person qualified to assist the
elector. The secretary of state may adopt rules consistent with this subsection (3)
for the examination and verification of signatures.
(4) (a) The secretary of state shall examine the signatures on the petition by
use of random sampling. The random sample of signatures to be examined must be
drawn so that every signature filed with the secretary of state is given an equal
opportunity to be included in the sample. The secretary of state is authorized to
engage in rule-making to establish the appropriate methodology for conducting
such random sample.
(b) (I) The random sampling to validate signatures on a petition proposing an
initiated law must include an examination of no less than five percent of the
signatures, but in no event fewer than four thousand signatures. If the random
sample examination establishes that the number of valid signatures is ninety
percent or less of the number of registered eligible electors needed to find the
petition sufficient, the secretary of state shall deem the petition to be not
sufficient. If the random sample establishes that the number of valid signatures
totals one hundred ten percent or more of the number of required signatures of
registered eligible electors, the secretary of state shall deem the petition
sufficient. If the random sample shows the number of valid signatures to be more
than ninety percent but less than one hundred ten percent of the number of
signatures of registered eligible electors needed to declare the petition sufficient,
the secretary of state shall order the examination and validation of each signature
filed.
(II) The random sampling to validate signatures on a petition proposing an
amendment to the state constitution must include an examination of no fewer than
five percent of the signatures, but in no event less than four thousand signatures. If
the random sample establishes that the number of valid signatures is ninety
percent or less of the number of registered electors required by section 1 (2) of
article V of the state constitution to find the petition sufficient, the secretary of
state shall deem the petition to be not sufficient. If the random sample shows the
number of valid signatures to be more than ninety percent of the number of
registered electors required by section 1 (2) of article V of the state constitution to
declare the petition sufficient, the secretary of state shall order the examination of
each signature filed.