13-27-112. Signature gathering -- registration -- reports -- penalty. (1) (a) A person who employs a paid signature gatherer shall register with the secretary of state prior to collecting signatures. Except as provided in subsection (1)(b), the registration in this subsection (1) must be accompanied by a filing fee of not more than $100 or an amount set by the secretary of state. The fee must be deposited in an account to the credit of the secretary of state in accordance with 2-15-405(4).

(b) A person who employs a paid signature gatherer may seek a waiver from the fee required in subsection (1)(a) by demonstrating a financial inability to pay without substantial hardship.

(c) The secretary of state may adopt rules to provide for the administration of this subsection (1), including rules to implement a standard registration form and the waiver provisions in subsection (1)(b).

(2) (a) Except as provided in this section, a person who employs a paid signature gatherer shall file with the commissioner reports containing those matters required by Title 13, chapter 37, part 2, for a political committee organized to support or oppose a ballot issue or for an independent committee that receives contributions and makes expenditures in connection with a ballot issue, as applicable. If a person who employs a paid signature gatherer is required by Title 13, chapter 37, part 2, to file a report pursuant to those provisions, the person need not file a duplicate report pursuant to this section, but shall report the matter required by subsection (2) as part of that report.

(b) The reports required by this subsection (2) must include the amount paid to a paid signature gatherer.

(c) Reports filed pursuant to this subsection (2) must be filed at the same time, in the same manner, including the certification required by 13-37-231, and upon the same forms as required for reports filed pursuant to Title 13, chapter 37, part 2, except as the rules of the commissioner may otherwise provide.

(d) A person who violates subsection (2)(a) is guilty of a misdemeanor and upon conviction shall be punished as provided by law.

(3) The commissioner has the same powers and duties regarding the regulation of signature gatherers as the commissioner has regarding the control of campaign practices as provided in Title 13, chapter 37, including the investigation of alleged violations of 13-27-112 and the issuance of orders of noncompliance for and prosecution of violations of 13-27-112.

(4) The commissioner may adopt rules to implement subsection (2).

(5) As used in subsections (2) and (3), unless the context indicates otherwise, the following definitions apply:

(a) "Commissioner" means the commissioner of political practices provided for in 13-37-102.

(b) "Paid signature gatherer" means a signature gatherer who is compensated in money for the collection of signatures.

(c) (i) "Person" has the meaning provided in 13-1-101 and includes a political committee.

(ii) The term does not include a candidate.

(d) (i) "Person who employs a paid signature gatherer" means a political party, political committee, or other person seeking to place a ballot issue before the electors.

(ii) The term does not include an individual who is part of the same signature gathering company, partnership, or other business organization that directly hires, supervises, and pays an individual who is a signature gatherer.

(e) "Signature gatherer" means an individual who collects signatures on a petition for the purpose of an initiative, a referendum, or the calling of a constitutional convention.