On Friday, Utah could face its first test of electronic signatures in the democratic process with e-candidate Farley Anderson's run for governor.
Earlier this month, the unaffiliated Anderson said he intended to collect his 1,000 required signatures electronically. Whether the Lieutenant Governor's Office accepts them is still in question. But it will have to be answered Friday, the legal deadline for candidate filings.
When Anderson announced his unique candidacy, state Elections Office administrator Mark Thomas said the current system is paper-based, but the law can be interpreted liberally to give candidates the most ballot access.
However, county clerks received an e-mail this week from Thomas, advising them that handwritten signatures are required and electronic signatures do not qualify.
"Some of the county clerks asked for direction," Thomas told The Tribune Wednesday. "We didn't tell them one way or another -- they are free to do whatever they want."
But ultimately the final word comes from Lt. Gov. Greg Bell, Thomas added.
County clerks are mixed in how to handle Anderson's signature sheets. For example, Weber County defers to the Lieutenant Governor's advice, but Salt Lake and Washington Counties do not. "In Salt Lake County, we have decided there is nothing in the statute that tells us we have the authority to reject a petition regardless of format," said County Clerk Sherrie Swenson. "Our duties are purely ministerial."
So Salt Lake County will verify names of registered voters. But in Weber County, it's another story.
"We have rejected them," said Chief Deputy Clerk Douglas Larsen. "That decision was based on the direction and advice that we as county clerks across the state are receiving from the Lieutenant Governor's Office."
In an e-mail Wednesday afternoon to Anderson's campaign manager, Steve Maxfield, Washington County Election Clerk Melanie Abplanalp said they have reluctantly chosen to accept and certify the signatures.
Maxfield developed an online signature process, www.i-sign.us, for use with candidates and initiatives. He said that for several months, he conferred with state elections staff to fine-tune his site.
In 2000, Utah enacted the uniform electronic transactions act to allow electronic signatures for government transactions, including the filing of income taxes.
Maxfield believes that it's time to bring elections up to date. But Thomas said that decision lies with state lawmakers.
"Electronic signatures are something we're moving toward," Thomas said. "We've asked the Legislature to consider it, and it will take time to come up with those processes."
Maxfield and Thomas agree on one thing -- the issue probably is headed to court.
