Initiative and referendum powers are available in all cities and towns of Utah. This article sets out the laws governing local ballot measures in Utah. It explains:
- Which local units of government make the initiative process available to residents.
- How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
Types of local government
According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 29 counties, 254 cities, towns, and villages, and 308 special districts.[1]
School districts
- See also: School bond and tax elections in Utah
Utah has a debt limit for school districts that is contained the Utah Constitution. The Constitution mandates that the total amount of revenue a school district brings in the previous year is their revenue limit the next year. Also, Utah requires an election for all bond issues. Utah uses a sinking fund to fund bond issues in relation to new construction, capital improvements, and acquiring property. Bonding in Utah cannot be used to retire debt or pay off other liabilities.
Initiative process availability
- The initiative and referendum process is mandated and established by state law for all general law cities and towns.
- The ability to amend municipal charters is established by state law.
- There is no mention of powers of Initiative and Referendum ordinances in chartered municipalities or counties. There are no charter counties in Utah and there is only one charter city. The only charter city is Tooele City and it has Initiative and Referendum powers explicitly in its charter. The procedures and requirements are very similar to those of general law cities.[2]
Authority
Constitution
Article XI, Section 5 of the Utah Constitution establishes and governs the right to adopt and amend city charters:
|
|
| Authority for adoption and amendment of city charters | |
|---|
| “
|
The Legislature by statute shall provide for the incorporation, organization, and dissolution of cities and towns and for their classification in proportion to population. Any incorporated city or town may frame and adopt a charter for its own government in the following manner:
The legislative authority of the city may, by two-thirds vote of its members, and upon petition of qualified electors to the number of fifteen per cent of all votes cast at the next preceding election for the office of the mayor, shall forthwith provide by ordinance for the submission to the electors of the question: "Shall a commission be chosen to frame a charter?" The ordinance shall require that the question be submitted to the electors at the next regular municipal election. The ballot containing such question shall also contain the names of candidates for members of the proposed commission, but without party designation. Such candidates shall be nominated in the same manner as required by law for nomination of city officers. If a majority of the electors voting on the question of choosing a commission shall vote in the affirmative, then the fifteen candidates receiving a majority of the votes cast at such election, shall constitute the charter commission, and shall proceed to frame a charter.
Any charter so framed shall be submitted to the qualified electors of the city at an election to be held at a time to be determined by the charter commission, which shall be not less than sixty days subsequent to its completion and distribution among the electors and not more than one year from such date. Alternative provisions may also be submitted to be voted upon separately. The commission shall make provisions for the distribution of copies of the proposed charter and of any alternative provisions to the qualified electors of the city, not less than sixty days before the election at which it is voted upon. Such proposed charter and such alternative provisions as are approved by a majority of the electors voting thereon, shall become an organic law of such city at such time as may be fixed therein, and shall supersede any existing charter and all laws affecting the organization and government of such city which are now in conflict therewith. Within thirty days after its approval a copy of such charter as adopted, certified by the mayor and city recorder and authenticated by the seal of such city, shall be made in duplicate and deposited, one in the office of the secretary of State and the other in the office of the city recorder, and thereafter all courts shall take judicial notice of such charter.
Amendments to any such charter may be framed and submitted by a charter commission in the same manner as provided for making of charters, or may be proposed by the legislative authority of the city upon a two-thirds vote thereof, or by petition of qualified electors to a number equal to fifteen per cent of the total votes cast for mayor on the next preceding election, and any such amendment may be submitted at the next regular municipal election, and having been approved by the majority of the electors voting thereon, shall become part of the charter at the time fixed in such amendment and shall be certified and filed as provided in case of charters.[3]
|
”
|
|
|
Statutes
State statutes authorizing local initiative powers are found in Title 20A, Chapter 7, Part 5. Click here to read the code.
State statutes authorizing local referendum powers are found in Title 20A, Chapter 7, Part 6. Click here to read the code.
Initiative process features
|
|
| County, city and town initiative and referendum process | |
|---|
Signature requirements
The signature requirements are based on active voters in the county, city, or town and vary depending on the population and class of the jurisdiction.
- First-class counties: 7.75% of active voters
- Metro township with a population greater than or equal to 100,000 and first-class cities: 7.5% of active voters
- Second-class counties: 8% of active voters
- Metro township with a population of between 65,000 and 100,000 and second-class cities: 8.25% of active voters
- Third class counties: 9.5% of active voters
- Metro township with a population between 30,000 and 65,000 and third-class cities: 10% of active voters
- Fourth-class counties, fourth-class cities, and metro townships with a population of between 10,000 and 30,000: 11.5% of active voters
- Metro township with a population of between 1,000 and 10,000 and fifth-class cities and counties: 25% of active voters
- Metro township with a population of less than 1,000 and sixth-class towns and counties: 35% of active voters
Distribution requirement
In addition to the minimum total signature requirements described above, there is a distribution requirement that requires petitioners to meet the percentage requirement in 75% of the voter participation areas of the jurisdiction.
Subject matter restrictions
There is a single subject ban on using Initiative to enact pension change for existing employees under contract impairment clause, though cities can make changes as long as they are to affect new hires.[4]
Circulation
- Petitions for initiative can be circulated no more than 316 days earlier than the next general election but no later than the April 15 before the next general election.
- Petitions for referenda can be circulated no later than 45 days before general election.
- There are no restraints on when the initiatives or referenda can be circulated but due to the 316 day limit for initiatives there are some practical restrictions.
- Petitions must be circulated by a resident of Utah who is 18 years of age or older.[4]
Petitions sheets and signatures
- The form of initiative petitions and signature sheets is given in Utah Code section 20A-7-503.
- Any signature petition sheet for an initiative must contain a statement saying the signer has read and understands the law proposed by the initiative. For a referendum petition, a statement must be included that says the signer has read and understands the law that the referendum petition seeks to overturn.
- See law: Utah House Bill 192 (2014)
- The form of referendum petitions and signature sheets is given in Utah Code section 20A-7-603. The size, line spacing and signer requirements are very like the those for initiative petitions.
- The local clerk must provide sponsors/circulators with materials as established by Utah Code section 20A-7-504.
- Signatures must be given under the witness of the circulator and cannot be sent by mail.
- Signatures and petition sheets must be turned into the local clerk.[5][4]
Adoption of the Initiative measure
The legislature either adopts or rejects the petitioned law upon signature verification. The original measure gets submitted to voters whether the legislature accepts it or not. The legislature can adopt a competing law and offer it to voters as well. If two competing measures are on the ballot the one with the greatest number of affirmative votes is the one made effective.[4]
Election
The measure will be voted on at the next general election unless there is a resolution for a special election by the legislature. At the election a simple majority is necessary for adoption of the measure.[4]
Additional features
There is a fiscal estimate feature that is important for the success of any initiated bill. Before the bill is circulated there is a fiscal analysis that states how much the proposed initiative will cost. After the bill passes there is a final analysis. If the final analysis exceeds the initial one by 25 percent than the legislature can disqualify the bill. Also, this fiscal impact report must contain calculations for the legal impacts, such as cost of litigation or settlements.[4]
For all local referendums a fiscal impact statement including the legal impacts is also required. Moreover, for both initiatives and referendums, petitioners have to make all petition packets that they will use at the beginning of the drive before collecting signatures so that the packets can be numbered.[4]
|
|
Initiative process in the top 10 most populated cities
There were no additional individual city processes for initiative and referendum found as the process is fairly exhaustively provided for by State Law.
External links
