§ 1-40-130 — Unlawful acts - penalty

(1) It is unlawful:

(a) For any person willfully and knowingly to circulate or cause to be
circulated or sign or procure to be signed any petition bearing the name, device, or
motto of any person, organization, association, league, or political party, or
purporting in any way to be endorsed, approved, or submitted by any person,
organization, association, league, or political party, without the written consent,
approval, and authorization of the person, organization, association, league, or
political party;

(b) For any person to sign any name other than his or her own to any petition
or knowingly to sign his or her name more than once for the same measure at one
election;

(c) For any person to knowingly sign any petition who is not a registered
elector at the time of signing the same;

(d) For any person to sign any affidavit as circulator without knowing or
reasonably believing the statements made in the affidavit to be true;

(e) For any person to certify that an affidavit attached to a petition was
subscribed or sworn to before him or her unless it was so subscribed and sworn to
before him or her and unless the person so certifying is duly qualified under the
laws of this state to administer an oath;

(f) For any officer or person to do willfully, or with another or others
conspire, or agree, or confederate to do, any act which hinders, delays, or in any
way interferes with the calling, holding, or conducting of any election permitted
under the initiative and referendum powers reserved by the people in section 1 of
article V of the state constitution or with the registering of electors therefor;

(g) For any officer to do willfully any act which shall confuse or tend to
confuse the issues submitted or proposed to be submitted at any election, or refuse
to submit any petition in the form presented for submission at any election;

(h) For any officer or person to violate willfully any provision of this article;

(i) For any person to pay money or other things of value to a registered
elector for the purpose of inducing the elector to withdraw his or her name from a
petition for a ballot issue;

(j) For any person to certify an affidavit attached to a petition in violation of
section 1-40-111 (2)(b)(I);

(k) For any person to sign any affidavit as a circulator, unless each signature
in the petition section to which the affidavit is attached was affixed in the presence
of the circulator;

(l) For any person to circulate in whole or in part a petition section, unless
such person is the circulator who signs the affidavit attached to the petition
section.

(2) Any person, upon conviction of a violation of any provision of this section,
shall be punished by a fine of not more than one thousand five hundred dollars, or
by imprisonment for not more than one year in the county jail, or by both such fine
and imprisonment.

Legislative History

Source: L. 93: Entire article amended with relocations, p. 694, � 1, effective May 4. L. 2009: (1)(h) and (2) amended and (1)(i), (1)(j), (1)(k), and (1)(l) added, (HB 09-1326), ch. 258, p. 1178, � 16, effective May 15.