Utah's Ballot Initiative Law: Process And Power

In Utah, citizens can propose a new law or repeal existing legislation through a ballot initiative. This process is known as direct democracy, where voters can directly shape laws and policies. However, in recent years, there has been a push by the Republican-controlled legislature to amend the state's constitution and gain more control over these citizen-led initiatives. The legislature called a special session in August 2024 to place a proposed constitutional amendment on the November ballot, seeking to clarify their power to repeal or replace any ballot initiative. This move has sparked a debate between those who favour direct democracy through ballot initiatives and those who want to protect representative democracy through the legislature. The outcome of the vote will determine the balance of power between citizens and lawmakers in Utah.

Ballot initiatives in Utah can be proposed by citizens as either a direct or indirect state statute

Citizens of Utah may initiate legislation through the petition process, but there are restrictions and regulations in place that limit the scope and content of proposed initiatives. For example, each proposed measure must address only one subject that is clearly expressed in its title. There are also subject restrictions in place, such as the requirement for a two-thirds supermajority for any measure that would "allow, limit, or prohibit the taking of wildlife or the season for or method of taking wildlife".

The process of getting an initiative on the ballot involves multiple steps, including applying to petition, proposal review and approval, collecting signatures, and signature verification. Once an initiative has met all the requirements and been verified, it can be placed on the ballot for voters to decide.

Citizens in Utah can also repeal legislation via a veto referendum

Citizens in Utah can repeal legislation via a veto referendum. This is a petition to refer an existing law to voters for their approval or rejection. A local veto referendum refers to county, municipal, or metro township laws, and a statewide veto referendum refers to a state law.

In Utah, citizens may initiate legislation as either a direct or indirect state statute. However, they may not initiate constitutional amendments. The process of initiating a veto referendum begins with crafting a proposal that adheres to certain restrictions, such as the single-subject rule and subject restrictions. The proposal is then submitted for review and approval by the lieutenant governor of Utah. If approved, the petitioners must collect signatures equal to 8% of the total number of active voters in the state. These signatures must be collected from a minimum number of the state's Senate districts and submitted within specified deadlines. After signature verification, the veto referendum is placed on the ballot for voter approval or rejection.

It is important to note that veto referendums in Utah cannot be used on emergency legislation. Additionally, there are specific procedures and requirements that must be followed for conducting a veto referendum, including distribution requirements, restrictions on circulators, and signature removal processes.

The Utah State Legislature can place legislatively referred constitutional amendments on the ballot with a two-thirds majority vote

In Utah, citizens can initiate legislation as either a direct or indirect state statute, and they also have the power to repeal legislation via veto referendum. However, citizens are not permitted to initiate constitutional amendments. This power is reserved for the Utah State Legislature, which can place legislatively referred constitutional amendments on the ballot with a two-thirds majority vote of each chamber.

The Utah State Legislature's ability to place constitutional amendments on the ballot is significant because it allows legislators to directly involve citizens in the law-making process. By securing a two-thirds majority vote, the Legislature can propose amendments that reflect the will of the people and give them a direct say in shaping the laws that govern them. This process strengthens democratic ideals and empowers citizens to have a more active role in their state's governance.

It's important to note that the Utah State Legislature's power to place constitutional amendments on the ballot is distinct from citizens' initiative and referendum processes. While citizens can propose new laws or refer existing laws to voters for approval or rejection, they cannot initiate constitutional amendments on their own. This distinction underscores the unique role of the Legislature in shaping the state's constitution and ensuring that any proposed amendments undergo a rigorous deliberative process before being presented to the voters for a final decision.

The two-thirds majority vote requirement serves as a crucial safeguard in this process. By necessitating a supermajority, the Legislature ensures that any constitutional amendments placed on the ballot have broad support and are not the result of narrow or partisan interests. This safeguard helps maintain the integrity of the constitutional amendment process and encourages legislators to build consensus around proposed changes to the state's foundational document.

In summary, the Utah State Legislature's ability to place legislatively referred constitutional amendments on the ballot with a two-thirds majority vote enhances democratic participation and empowers citizens to have a direct say in shaping their state's constitution. This process, distinct from citizen initiatives and referendums, involves rigorous deliberation and broad support, ensuring that any proposed amendments reflect the values and will of Utah's citizens.

Ballot initiatives in Utah must address only one subject

Ballot initiatives in Utah must adhere to the single-subject rule, which means that each proposed measure must address only one subject that is clearly expressed in its title. This rule is in place to ensure that initiatives focus on a single topic and do not combine multiple issues that could confuse or mislead voters.

The single-subject rule is a common restriction for ballot initiatives in the United States, and it is intended to prevent the passage of laws that address unrelated or conflicting subjects in a single initiative. This helps to maintain clarity and transparency in the law-making process and ensures that voters can make informed decisions when casting their ballots.

In Utah, the single-subject rule is codified in the Utah Constitution, Article VI, Section 22, and the Utah Code, Title 20A, Chapter 7, Section 202(5)(d). These laws provide the legal framework for the initiative process and help to guide citizens and lawmakers in proposing and evaluating new legislation.

The single-subject rule is an important aspect of Utah's initiative process, and it plays a crucial role in shaping the content and scope of proposed initiatives. By adhering to this rule, initiative sponsors can ensure that their proposals are clear, focused, and compliant with the state's legal requirements.

Ballot initiatives in Utah must be proposed by at least five sponsors who are residents and have voted in the past three years

The sponsors must submit an application to start a statewide petition, which includes their names and addresses, as well as a notarized statement and signatures. Along with this, they must also provide the full text of the proposed measure, a descriptive title, and information on whether they will employ paid petition circulators. The application is then reviewed by the lieutenant governor, who checks for compliance with various requirements, including that the measure is not "patently unconstitutional" and that it addresses only one subject.

If the application is approved, the sponsors must then host seven meetings across the state to gather feedback. After this, they have two weeks to submit any modifications to the proposed measure, which are also subject to review. The attorney general then posts the initiative text, petition text, fiscal impact statement, and information on the signature removal process on their website.

The next step is to collect signatures, with specific requirements for the number and distribution of signatures across the state. Once the signatures have been collected, they are verified by county clerks, and the petition forms are delivered to the lieutenant governor, who declares the petition sufficient or insufficient. If it is sufficient, the initiative proceeds to the ballot, where it must receive a majority of the vote to pass.

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