Utah Attorney General Mark Shurtleff: Electronic signatures not valid in initiative process

SALT LAKE CITY — An opinion issued by Utah Attorney General Mark Shurtleff said electronic signatures collected in the state initiative process are invalid under state law and should not be counted toward satisfying signature requirements.

The decision, released from Lt. Gov. Greg Bell's office Wednesday, is a setback to a citizen group's efforts to get a government-ethics and reform initiative before voters this fall.

The Peoples Right Group invited registered voters to go to a Web site, www.I-Sign.us, and sign two petitions it has on government ethics.

At the time of the announcement in January, state elections manager Mark Thomas said he was doubtful the electronic signatures would hold up under legal scrutiny because the current initiative petition law is "paper based."

That doubt was solidified in Shurtleff's opinion, which said the law as it stands does not "contemplate or allow for the use of electronic signatures and the statutes concerning the use of electronic signatures do not require they be accepted in the initiative process."Shurtleff goes on to reiterate in his opinion that it is clear that the Legislature contemplated the process as "paper based," and that initiative provisions appear to specifically prohibit electronic circulation of petitions and electronic signatures.

Bell's release said he sought Shurtleff's opinion after questions were raised about the process of gathering signatures online in support of the initiative.

Based on Shurtleff's opinion , Bell said it would be his recommendation lawmakers examine the issue, especially in this technology-driven age.

— Amy Joi O'Donoghue