Laws governing the initiative process in Utah

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Laws and procedures


Laws governing ballot measures

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Contents
1 Laws and procedures
1.1 Crafting an initiative
1.1.1 Single-subject rule
1.1.2 Subject restrictions
1.1.3 Competing initiatives
1.2 Starting a petition
1.2.1 Applying to petition
1.2.2 Proposal review/approval
1.2.3 Fiscal review
1.3 Collecting signatures
1.3.1 Number required
1.3.2 Distribution requirements
1.3.3 Restrictions on circulators
1.3.4 Electronic signatures
1.3.5 Deadlines for collection
1.3.6 Signature removal
1.4 Getting on the ballot
1.4.1 Signature verification
1.4.2 Ballot title and summary
1.5 The election and beyond
1.5.1 Supermajority requirements
1.5.2 Effective date
1.5.3 Litigation
1.5.4 Legislative alteration
1.5.5 Re-attempting an initiative
1.6 Funding an initiative campaign
1.7 State initiative law
2 Changes in the law

Citizens of Utah may initiate legislation as either a direct or indirect state statute. In Utah, citizens also have the power to repeal legislation via veto referendum. Citizens may not initiate constitutional amendments. The Utah State Legislature, however, may place legislatively referred constitutional amendments on the ballot with a two-thirds majority vote of each chamber.

Crafting an initiative

Of the 24 states that allow citizens to initiate legislation through the petition process, several states have adopted restrictions and regulations that limit the scope and content of proposed initiatives. These regulations may include laws that mandate that initiatives address only one topic, restrict the range of acceptable topics for proposed laws, prohibit unfunded mandates and establish guidelines for adjudicating contradictory measures.

Single-subject rule

See also: Single-subject rule

In Utah, each proposed measure must address only one subject clearly expressed in its title.

DocumentIcon.jpg See law: Utah Constitution, Article VI, Section 22 and Utah Code, Title 20A, Chapter 7, Section 202(5)(d)

Subject restrictions

See also: Subject restrictions (ballot measures)

Any initiated measure that would "allow, limit, or prohibit the taking of wildlife or the season for or method of taking wildlife" requires a two-thirds supermajority in Utah.

DocumentIcon.jpg See law: Utah Constitution, Article VI, Section 1(2)

Veto referendums on emergency legislation

In Utah, veto referendums cannot be used on emergency legislation.

DocumentIcon.jpg See law: Utah Constitution, Article VI, Section 1

Competing initiatives

See also: Superseding initiative; "Poison pills"; List of Utah ballot measures

Utah law provides that in the event that two conflicting measures are approved, the measure with the most affirmative votes supersedes the other. The governor of Utah is responsible for determining whether two measures conflict; the decision can be appealed to the courts.

DocumentIcon.jpg See law: Utah Code, Title 20A, Chapter 7, Section 211

Starting a petition

Each initiative and referendum state employs a different procedure for filing petition applications. Some states require preliminary signatures while others do not. In addition, several states review each proposed statute, verifying that the law conforms to the style and conventions of state law and recommending alterations to initiative proponents. Some of these states also review the law for more substantive considerations of content and consistency. Also, many states conduct a review of the ballot title and summary, and several states employ a fiscal review process which analyzes proposed laws to determine their impact on state finances.[1][2][3]

Applying to petition

See also: Approved for circulation

At least five sponsors (each a Utah resident who has voted in the past three years) must apply in order to start a statewide petition. Along with a form identifying the sponsors, proponents must submit the full text of the measure, a descriptive title, and a statement regarding their planned use of paid petition circulators. Applications should be submitted to the Utah lieutenant governor.

Applications must contain the following:

  • the names and addresses of at least five sponsors;
  • notarized statements and signatures from the sponsors;
  • the text of the proposed law;
  • the title of the proposed law with a clear subject;
  • a summary (including percentages) of proposed funding sources for all costs related to the initiative;
  • a statement identifying the amount of the increase for all tax increasing proposals; and
  • a statement saying if the effort could employe paid signature petition circulators.

DocumentIcon.jpg See law: Utah Code, Title 20A, Chapter 7, Section 202

Proposal review/approval

See also: Approved for circulation

Once an application has been submitted, the lieutenant governor reviews the measure. The application will be rejected if the measure is "patently unconstitutional," "nonsensical," could not become law if passed, contains more than one subject, or does not clearly express the subject in its title. Compliance with the state's limits on re-attempting initiatives is also assessed. At this time, the measure is also submitted to the Office of the Legislative Fiscal Analyst for a fiscal analysis.

Although other states require public hearings on proposed measures, Utah is the only state where that process is part of the review/revision process. After the fiscal review has been complete and prior to collecting signatures, sponsors must host seven meetings around the state to gather feedback. Rules regarding the geographic distribution of these hearings are set forth by state statute and sponsors are required to make a record (audio, video or detailed minutes) for publication by the lieutenant governor. After the final hearing, sponsors have two weeks to submit modifications to the proposed measure. The changes must be germane to the original text of the measure and are also subject to review by the lieutenant governor and the Office of the Legislative Fiscal Analyst. If changes to the proposed initiative alter the estimated fiscal and legal impacts of the initiative, the Office of the Legislative Fiscal Analyst must update the fiscal and legal impact statements previously prepared.

The attorney general must post the initiative text, the petition text, the fiscal impact statement, and information on the signature removal process on the office's website after receiving the fiscal impact statement for an initiative.

DocumentIcon.jpg See law: Utah Code, Title 20A, Chapter 7, Section 202 and Section 204.1

Fiscal review

See also: Fiscal impact statement and Utah House Bill 422S01 (2014)

Once the Office of the Legislative Fiscal Analyst has received the proposed measure, it must prepare an "unbiased, good faith initial fiscal impact estimate" of the measure. The estimate is limited in length to 100 words "plus 100 words per revenue source created or impacted by the proposed law". If the fiscal impact statement exceeds 200 words, a shorter summary not exceeding 200 words is prepared for inclusion on the petition sheets. This estimate must also include a summary (including percentages) of proposed funding sources for all costs related to the initiative and the effect of the proposal on public indebtedness. It may also contain a caveat concerning the reliability of the estimate if the effects of the measure are difficult to predict. The estimate is included on the petition, in the voter information pamphlet, and on the ballot. This fiscal impact report must also include the estimated legal impacts of the measure, which includes the costs of possible or likely litigation and settlements.

For referendums, a similar fiscal and legal impacts statement is required.

DocumentIcon.jpg See law: Utah Code, Title 20A, Chapter 7, Section 202.5, Section 203, Section 209 and Section 702

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Collecting signatures

Each initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them.

Petition form

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.

There are specific petition form requirements in state law regarding content and formatting. The lieutenant governor provides petitioners with a petition sheet, copies of which must be used for all submitted signatures.

State law also requires petition circulators to present the full legal text of an initiative or referendum to any signer.

DocumentIcon.jpg See law: Utah House Bill 192 (2014)

Number required

See also: Utah signature requirements

The number of required signatures is tied to the number of active voters as of January 1 following the most recent regular general election. For directly initiated statutes and veto referendums, proponents must gather signatures equal to 8 percent of the total number of active voters. For indirectly initiated statutes, proponents must get 4 percent of this number to qualify the initiative to go before the legislature, and an additional 4 percent to qualify for the ballot if the legislature does not approve the initiative.

For ballot initiatives, each requirement must be met within at least 26 of the state's 29 Senate districts. For veto referendums, the requirement must be met within at least 15 of the state's 29 Senate districts.

Before 2019, the basis for signature requirements was the number of votes cast in Utah for the office of president in the most recent presidential election. Before 2011, the basis for signature requirements was the gubernatorial election turnout rather than the presidential election turnout.

The chart below shows election years and the signature requirement for initiatives designed to appear on the ballot in that year, with presidential election years bolded.

Year Direct statute Indirect statute Round 1 Indirect statute Round 2 Veto referendum
2024 134,298 67,149 67,149 134,298
2022 137,929 68,960 68,960 137,929
2020[4] 115,869 57,935 57,935 115,869
2018 113,143 56,572 56,572 113,143
2016 101,744 50,872 50,872 101,744
2014 101,744 50,872 50,872 101,744
2012 97,119 48,559 48,559 97,119

DocumentIcon.jpg See law: Utah Code, Title 20A, Chapter 7, Section 201, Section 208 & Section 301

Distribution requirements

See also: Distribution requirements

In Utah, ballot measures are subject to a distribution requirement. For directly initiated state statutes, signatures must be collected from each of at least 26 of the 29 Utah State Senate districts equal to 8 percent of active voters in the state as of January 1 of the year following the last regular general election.

For indirect initiatives, signatures must be collected from each of at least 26 of the 29 Utah State Senate districts equal to 4 percent of the active voter count. If a second round of signatures is collected, the signatures as a whole, equaling 8 percent of active voters, are subject to the requirement for direct initiatives.

For referendum petitions, signatures must be collected from each of at least 15 of the 29 Senate districts in Utah equal to 8 percent of active voters.

DocumentIcon.jpg See law: Utah Code, Title 20A, Chapter 7, Section 201, Section 208 and Section 301

Restrictions on circulators

Circulator requirements

See also: Petition circulator

In Utah, circulators are forbidden from signing the petition that they are circulating. Each initiative petition contains a mandatory circulator affidavit. Circulators are not required to sign these affidavits before a public notary, but must swear to and sign a statement, under the penalty of law, that they personally witnessed every act of signing the petition.[5] Paid circulators must be at least 18 years old and meet the residency requirements of Section 20A-2-105. When petitions are being circulated by paid circulators, the sponsors of the initiative must file a report with the lieutenant governor.[6] Once circulation is completed, the petition sponsors must deliver each signed and verified initiative packet to the county clerk of the county in which the packet was circulated.[7]

DocumentIcon.jpg See law: Utah Code - 20A-7-203, 20, 20A-7-205, 205.5 and 20A-7-206

Pay-per-signature

See also: Pay-per-signature

Utah prohibits paying signature gatherers based on the number of signatures collected. The state's pay-per-signature ban was passed in 2021 through House Bill 136.

DocumentIcon.jpg See law: Utah Code, Title 20A, Chapter 7, Section 205 & Section 205.5

Out-of-state circulators

See also: Residency requirements for petition circulators

Utah requires petition circulators to be residents of the state.

DocumentIcon.jpg See law: Utah Code, Title 20A, Chapter 7, Section 205 and Chapter 2, Section 105

Badge requirements

See also: Badge requirements

Utah requires paid signature gatherers to wear a badge during signature gathering that discloses that they are being paid as well as other information.[8]

DocumentIcon.jpg See law: Utah Code, Title 20A, Chapter 7, Section 205 and Section 205.5

Electronic signatures

See also: Electronic petition signatures

In Utah, initiative sponsors can choose to collect signatures manually or with an electronic device. Sponsors must sign a form indicating whether signatures will be collected manually or electronically. If signatures are collected electronically, they cannot also be collected manually. Electronic signatures must be collected in the physical presence of a signature gatherer. People signing electronically must present a driver's license, state identification card, or other valid voter identification.

DocumentIcon.jpg See law: Utah Code, Title 20A, Chapter 21, Section 201

Deadlines for collection

See also: Petition drive deadlines; Initiative petition circulation periods

All signatures for direct Utah initiatives (and for the second round of signatures for indirect initiatives) must be submitted within 316 days of the initial filing or by February 15 of the general election year--whichever is sooner. The first round of signatures for indirect initiatives are due on the 15th day of November prior to the general session where the petition will be considered. Signature sheets must be submitted to the county clerk in the county where the sheets were circulated. Moreover, signature petition sheet packets for direct initiatives must be submitted to county clerks on a rolling basis no more than 30 days after the first signature is added to the packet.

Signatures for veto referendums must be submitted on a 14-day rolling basis and must all be submitted within 40 days of the adjournment of the legislative session at which the targeted bill was passed.

DocumentIcon.jpg See law: Utah Code, Title 20A, Chapter 7, Sections 206 and 306

Signature removal

To remove a signature from an initiative petition, a person may submit a statement to the county clerk requesting their signature be removed. The statement must not be made through email or electronic means and must include the following:

  • the voter's name;
  • the address at which the voter is registered to vote;
  • the voter's signature; and
  • the date the voter's signature was added to the initiative petition.

According to the law, to increase the likelihood of the voter's signature being accurately identified and removed, the statement may include the voter's age or birth date.

A statement requesting signature removal must be submitted by the earlier of:

  • For an initiative packet received by the county clerk before December 1:
    • 30 days after the voter signs the signature removal statement; or
    • 90 days after the county clerk posts the voter's name on the county's website according to Subsection 20A-7-206(3)(c).
  • For an initiative packet received by the county clerk on or after December 1:
    • 30 days after the voter signs the signature removal statement; or
    • 45 days after county clerk posts the voter's name on the county's website according to Subsection 20A-7-206(3)(c).
  • For a referendum packet:
    • 30 days after the voter signs the signature removal statement; or
    • 45 days after county clerk posts the voter's name on the county's website according to Subsection 20A-7-206(3)(c).

State law requires county clerks to publish certain information, including the names of the signers of petitions and instructions on removing a signature from an initiative or referendum petition, on the attorney general's official website.

DocumentIcon.jpg See law: Utah Code, Title 20A, Chapter 7, Section 205 and Utah Code, Title 20A, Chapter 7, Section 206.3

Getting on the ballot

Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot. This often involves preparing a fiscal review and ballot summary.

Signature verification

See also: Signature certification

Utah House Bill 68, enacted in 2023, required initiative sponsors to collect email addresses from individuals signing the initiative petition. Sponsors must send an email to each individual signer who provided a legible, valid email address, with the subject line "Notice Regarding Your Petition Signature", and including the following language:

"You signed a petition for the following initiative: [insert title of initiative]

To access a copy of the initiative petition, the initiative, the fiscal impact statement, and information on the deadline for removing your signature from the petition, please visit the following link: [insert a uniform resource locator that takes the individual directly to the page on the lieutenant governor's or county clerk's website that includes the information referred to in the email]."

When signatures are submitted to county clerks, sponsors must also provide a list of all names and email addresses to which the email was sent, along with the date, a copy of the email, and a written verification of the sponsor.

In Utah, each signature is verified by the county clerks in the county where the signature was collected. County clerks follow a two-stage process for signature verification. First, the signatures are examined, and any signatures by non-Utah residents or persons under the age of 18 are noted and reported to the county attorney and the state attorney general. Next, the signatures are checked against the state voter registration database.

County clerks must verify signatures for direct initiatives on a rolling basis and report on the status of signature verification to sponsors. For signatures received prior to December 1, clerks must verify signatures within 30 days. For signatures received on or after December 1, clerks must verify signatures within 21 days. For veto referendums, county clerks must verify submitted signatures within 14 days.

County clerks must also publish the names and voter identification numbers of voters who sign petitions on the county website for 45 days.

Once the county clerks have reviewed and certified the signatures, the petition forms are delivered to the lieutenant governor, who counts the total number of certified signatures and declares the petition either sufficient or insufficient. The lieutenant governor must certify initiatives by April 15 of the election year.

DocumentIcon.jpg See law: Utah Code, Title 20A, Chapter 7, Section 206 ; Section 206.3 and Section 207

Ballot title and summary

See also: Ballot title

In Utah, each initiative or amendment is assigned a number or letter, respectively. For each general election, the numbering (lettering) begins at 1 (A). In addition to this generic title ("Initiative 1," "Amendment A"), each Utah ballot measure also receives a ballot title and summary drafted by the Utah Office of Legislative Research and General Counsel. The ballot title is a statement of 25 words or less that impartially summarizes the measure. The summary is a statement of 125 words or less. The ballot also includes the fiscal impact statement drafted by the Office of the Legislative Fiscal Analyst.

DocumentIcon.jpg See law: Utah Code, Title 20A, Chapter 6, Section 107 and Chapter 7, Section 209 and Section 202.5

The election and beyond

Ballot measures face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a three-fifths supermajority, other states set the margin differently. In addition, ballot measures may face legal challenges or modifications by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.

Supermajority requirements

See also: Supermajority requirements

Any measure that would "allow, limit, or prohibit the taking of wildlife or the season for or method of taking wildlife" requires a two-thirds supermajority in Utah. All others require only a simple majority.

DocumentIcon.jpg See law: Utah Constitution, Article VI, Section 1(2)

Effective date

If an indirect initiative is adopted by the legislature, it takes effect 60 days after the last day of the legislative session in which it is passed unless a later date is specified by the initiative or an earlier date is specified and the legislature approves the initiative by a two-thirds (66.67%) vote.

Unless a later date is otherwise specified in the measure, direct initiatives take effect according to the following rules:

  • 60 days after the last day of the general legislative session immediately following the election if the measure doesn't concern taxes;
  • January 1 of the year after the general legislative session immediately after the election for any change related to property taxes and privilege tax;
  • April 1 following the election for tax decreases not related to mineral production tax, corporate franchise and income tax, gross receipts tax, and individual income tax;
  • January 1 of the year after the general legislative session immediately after the election for tax increases not related to mineral production tax, corporate franchise and income tax, gross receipts tax, and individual income tax; and
  • the beginning of the tax year after the January 1 immediately following the election for any of the taxes listed above.

DocumentIcon.jpg See law: Utah Code, Title 20A, Chapter 7, Section 212

Litigation

See also: Ballot measure lawsuit news

Any three of the petition sponsors may challenge the ballot title. This challenge must be filed by July 6. In order to allow time to decide on and submit a challenge, sponsors must be mailed notification of the ballot title decision by June 27. Within 20 days of the delivery of the fiscal impact statement to the lieutenant governor, any three sponsors may challenge the statement. There is a presumption that the state's title and statement are fair and accurate.

Any person may challenge the lieutenant governor's determination of sufficiency. Such challenges should be filed in court by April 30. The deadline for the lieutenant governor to make his or her determination is April 15.

Prior to 2019, legal challenges had to be filed in the Utah Supreme Court. In 2019, the state legislature passed and the governor signed a bill allowing other courts besides the state supreme court to hear cases concerning initiative ballot titles and certification.

DocumentIcon.jpg See law: Utah Code, Title 20A, Chapter 7, Section 202.5209 ; Section 207 and Section 209

Legislative alteration

See also: Legislative alteration

The Utah State Legislature may amend any initiated statute by a simple majority vote. When presented with an indirect initiative, the Legislature may make technical corrections to the proposed law.

DocumentIcon.jpg See law: Utah Code, Title 20A, Chapter 7, Section 208 and Section 212

Re-attempting an initiative

Once signatures have been filed, no "identical or substantially similar" measure may be submitted for circulation (initial filing/application) for two years.

DocumentIcon.jpg See law: Utah Code, Title 20A, Chapter 7, Section 202(5f)

Funding an initiative campaign

See also: Campaign finance requirements for Utah ballot measures

Some of the notable features of Utah's campaign finance laws are:

  • Utah bans labor unions from making donations to referendum campaigns as a condition of membership.
  • All corporations who donate $750 or more in a referendum campaign must register with the lieutenant governor of Utah.
  • Utah bans unapproved political advertising, only with the express consent of a registered committee's leadership.
  • Utah bans public entities from donating to campaigns in support or opposition of a referendum.

State initiative law

Article VI of the Utah Constitution addresses initiatives.

Title 20A, Chapter 7 of the Utah Code governs initiatives.

External links

Footnotes



Changes in the law

Contents
1 Laws and procedures
2 Changes in the law
2.1 Proposed changes by year
2.1.1 2022
2.1.2 2021
2.1.3 2010
2.1.4 2019
2.1.5 2018
2.1.6 2017
2.1.7 2016
2.1.8 2015
2.1.9 2014
2.1.10 2013

The following laws have been proposed that modify ballot measure law in Utah. If a box is empty for any given year, it means Ballotpedia did not track any ballot measure or recall-related laws in that year.

Proposed changes by year

2021

See also: Changes in 2021 to laws governing ballot measures

  • House Bill 23: The legislation allowed local referendums related to legislative actions taken after April 15 to appear on the ballot during the same year, rather than the following year, with agreement from the local clerk, the county clerk, and attorney for the municipality. HB 23 also made changes to the definition of land use law.[1]
  • House Bill 136: The legislation made several changes to the laws governing the initiative process in Utah, including:[2]
  • banning pay-per-signature and instead requiring payment of signature gatherers to be based on time;
  • enacting a badge requirement for paid petition circulators;
  • requiring signature gatherers to present the entire text of initiatives and referendums to potential signers;
  • requiring initiative or referendum petition sponsors to send an email to petition signers (who add their emails to the petition sheet) that informs the signers how to remove their signatures from the petition;
  • requiring that a statement about tax increases be included on initiative petitions that increase taxes; and
  • revising formatting requirements for initiative petitions, among other changes.
  • revised the statements that signature gatherers must sign;
  • required petition sponsors to be registered voters, rather than registered voters who voted in a regular general election within the last three years;
  • revised the timeline for certifying signatures; and
  • required the names and voter identification numbers of those who have signed an initiative or referendum petition be posted on the attorney general's website, rather than a county's website.[3]

2020

See also: Changes in 2020 to laws governing ballot measures

  • House Bill 75: The legislation required the name and voter identification number, rather than the name and precinct, of each registered voter who signed an initiative petition to be posted on the county's website and clarified that a referendum petition is void when the Legislature repeals the targeted law.[1]
  • Senate Bill 47: The legislation provided that signatures on a voter registration record, an initiative petition, and a request to withdraw a signature from an initiative petition are protected records.[2]
  • Senate Bill 143: SB 143 made changes to the fiscal impact statements for ballot initiatives, including the length, form, and content of the statements and required the statements to analyze a period of time most useful to understanding the estimated fiscal impact of the initiative.[3]

2019

See also: Changes in 2019 to laws governing ballot measures

  • House Bill 119: The legislation changed several provisions governing local ballot measures in Utah, including:[1]
  • requiring information pamphlets for local initiatives and referendums, including arguments for and against the measures;
  • changing signature requirements for local initiatives and referendums depending on the county or metro township class or population;
  • changing rules for signature verification and ballot measure qualification; and
  • changing provisions related to the appeals made during the signature verification process.
  • House Bill 133: The legislation modified the effective dates for voter-approved ballot initiatives. HB 133 provided that the effective date is at 60 days following the last day of the legislative session immediately after the election in which the initiative is approved, except for certain tax-related initiatives. Under HB 133, a tax increase initiative goes into effect on January 1 of the year following the next general legislative session after the election. A tax decrease goes into effect five days after the governor issues the proclamation of election results for the initiative. HB 133 also allowed courts, in addition to the Utah Supreme Court, to consider challenges regarding conflicts between two measures.[2]
  • House Bill 145: The legislation changed several provisions regarding initiative petitions, including:[3]
  • requiring county clerks to display the names of registered voters who sign initiative and referendum petitions on the county website;
  • requiring individual petition sheet packets to be submitted no later than 30 days for initiatives or 14 days for veto referendums after the date of the first signature on the packet, thus requiring signatures to be submitted as they're collected instead of at once before the deadline;
  • changing the deadline and process for signature removal requests;
  • creating criminal penalties for knowingly placing or verifying a false signature date on an initiative signature packet a crime; and
  • creating criminal penalties for paying a person to sign a petition or removing a person's signature from a petition.
  • House Bill 195: The legislation changed the signature requirements for ballot initiatives and other laws governing ballot initiatives, including:[4]
  • changing the signature requirement for initiatives and referendums from 10 percent (5 percent for indirect initiatives) of votes cast at the last presidential election to 8 percent (4 percent for indirect initiatives) of active voters as of January 1 of even-numbered years;
  • changing the signature submission deadline and the deadline for signature removal requests from April 15 to February 15 before the election; and
  • changing the deadline for initiatives to be certified for the ballot from June 1 to April 15, among other changes.
  • Senate Bill 151: The legislation enacted new requirements for initiative fiscal impact statements and information:[5]
  • requiring initiative petitions to contain information on funding sources, including percentages, for the costs associated with the proposed law;
  • requiring the Office of the Legislative Fiscal Analyst, rather than the Governor's Office of Management and Budget, to prepare the fiscal impact statement for an initiative;
  • requiring fiscal impact statements to be displayed at required public hearings on initiatives; and
  • allowing courts, in addition to the Utah Supreme Court, to consider challenges regarding ballot titles.

Grant et al. v. Herbert et al.

Utah Supreme Court, Grant et al. v. Herbert et al., August 6, 2019

On August 6, 2019, the Utah Supreme Court ruled that the Legislature could repeal or amend Proposition 2, a citizen-initiated measure to legalize medical marijuana. The Supreme Court stated that the governor calling a special session, including before the initiative was enacted, was not equivalent to the governor vetoing the initiative.[1]

Voters approved Proposition 2 on November 6, 2018. Gov. Gary Herbert called a special legislative session to amend the initiative before its effective date. On December 3, 2018, the Legislature passed House Bill 3001, which repealed and replaced Proposition 2.[2]

Petitioners sued the state in response to the changes, arguing that Gov. Herbert exceeded his power to call a special session without exigent circumstances and effectively vetoed Proposition 2. Statute prohibited the governor from vetoing a voter-approved ballot initiative. The Supreme Court ruled that "the Governor did not veto Proposition 2. The Governor’s actions were limited to issuing a proclamation to convene a special session of the legislature. The Utah Constitution explicitly grants him this power."[1]

The Initiative and Referendum Almanac ad.png

2018

See also: Changes in 2018 to laws governing ballot measures

  • House Bill 491: The legislation provided that the Legislature can submit non-binding questions to voters by passing a joint resolution. The legislation provided that the official title for statewide non-binding advisory questions is Nonbinding Opinion Question #___, with a number assigned where the blank is.[1]
  • Senate Bill 122: The legislation provided that a local political subdivision, such as a municipality or county, cannot receive an aggregate amount of funds from a bond that exceeds the maximum principal amount stated in the bond proposition by more than 2%.[2]

2017

See also: Changes in 2017 to laws governing ballot measures

See also: Laws governing ballot measures in Utah

Approveda Utah House Bill 255 was designed to require a disclosure statement concerning the percentage of the tax increase to be added to the following items:

Approveda Utah Senate Bill 69 was designed to require the following information to be provided to voters in a municipality with a proposition on the ballot in certain prescribed ways—including by mail, electronically, and online:

  • the ballot title of the proposition;
  • instructions about how to filed arguments in support of or opposition to the proposition;
  • the deadlines for submitting such arguments.


2016

See also: Changes in 2016 to laws governing ballot measures

See also: Laws governing ballot measures in Utah
  1. Defeatedd Utah House Bill 11: "Provides that the deadline for filing an application to circulate a referendum petition challenging a state law occurs five days after the later of: the last day of the legislative session at which the law passed; the day on which the governor signs the law; or the day on which the law becomes a law because the governor fails to veto or sign the law; extends the effective date, under certain circumstances, of a state law challenged by referendum;" as well as other provisions.
  2. Approveda Utah House Bill 10: "Expands the political subdivisions that are subject to local initiatives and referenda; removes the requirement that an initiative or referendum petition contain a statement that a person signing the petition has read and understands the law to which the initiative or referendum relates; establishes and modifies deadlines relating to the local initiative and referendum process;" as well as other provisions.
  3. Approveda Utah House Bill 198: "Addresses requirements relating to preparing and publishing arguments for or against a ballot proposition; describes the duties of an election officer in relation to a ballot proposition and arguments for or against a ballot proposition; modifies deadlines relating to ballot propositions, arguments, and public meeting requirements."
  4. Defeatedd Utah House Bill 488: "Notification Requirements for Ballot Proposals"

2015

See also: Changes in 2015 to laws governing ballot measures

See also: Laws governing ballot measures in Utah
  1. Approveda House Bill 107: "This bill amends the Election Code in relation to the definition of, and the requirements placed on, a political issues committee." Specifically, it exempted groups organized to support or oppose a single ballot proposition from the status of "political issue committee" and the rules governing such committees.
  2. Approveda House Bill 120: "This bill changes the date on which certain filing entities are required to submit certain financial disclosures," including campaign finance disclosure filings for ballot issue committees and corporations that donate to ballot issue campaigns.

2014

See also: Changes in 2014 to laws governing ballot measures

The following bills were introduced in the Utah State Legislature:

  1. Defeatedd HJR 4: Puts a question on the ballot about whether Utah voters should have the power to recall state-wide officials or not; introduced in 2014.[1]
  2. Defeatedd HB 63: Establishes the technicalities and details of the recall petition and election procedures, if the amendment proposed by HJR 4 is approved and the power of recall is granted.
  3. Approveda HB 192: Adds a statement to a statewide or local initiative petition signature sheet stating that a signer has read, understands, and agrees to the law proposed by the petition; adds a statement to a statewide or local referendum petition signature sheet stating that a signer has read and understands the law the petition seeks to overturn; and makes technical corrections.[2]
  4. Approveda HB 37903: Allows and provides for arguments in favor of and against ballot measures about revenue or taxation. It also requires a public meeting at which written and oral arguments can be presented.
  5. Approveda HB 422S01: Requires reports and studies on the fiscal and legal impact of local initiatives and referendums.

2013

See also: Changes in 2013 to laws governing ballot measures

2012

See also: Changes in 2012 to laws governing ballot measures

The following bills were introduced in the Utah State Legislature:

Approveda Utah House Bill 119 (2012): Requires the Lieutenant Governor of Utah to conduct a study regarding online signature gathering for ballot measure, new party, or candidate petitions.

2011

See also: Changes in 2011 to laws governing ballot measures

The following bills were introduced in the Utah State Legislature:

Approveda Utah Senate Bill 165 (2011): SB 165 changes the basis of Utah's signature requirements from the number of votes cast in the last gubernatorial election to the number of votes cast in the last presidential election. This will raise the number of signatures required. In addition, the bill bans electronic signatures for ballot initiatives. Citizens in Charge Foundation rating: Reduces initiative rights.[1]

Approveda Utah Senate Bill 280: Bill description/summary: "This bill modifies the Election Code to establish procedures for submitting a nonbinding opinion question to the voters of Utah."

Approveda Utah Senate Bill 72: Bill description/summary: "This bill: requires an initiative to contain no more than one subject to the same extent a bill may not pass with more than one subject under the Utah Constitution; authorizes initiative petition sponsors to change the text of a proposed law following public hearings; and requires the Governor's Office of Planning and Budget to update an initial fiscal impact estimate if the text of a proposed law is changed."


2010

See also: Changes in 2010 to laws governing the initiative process

The following proposals were made during the 2009-2010 session of the Utah Legislature:

The following bills were introduced in the Utah Legislature:

Approveda Utah House Bill 44 (2010): HB 44 changes how certain terms in Utah's initiative laws are defined. The bill passed by a 70-2 vote on January 25, 2010 in the Utah House of Representatives. The bill passed the Utah State Senate by a 24-0-5 vote on February 25, 2010 and was signed into law by the Governor of Utah on March 29, 2010[1].

Approveda Utah Senate Bill 119 (2010): SB 119 requires that any special election involving bonding, levies, or sales taxes must have a 2/3rd's vote from the governing body requesting the election.[2]

Defeatedd SB 177: Modified signature requirements for Utah initiative petitions. The bill died in committee without a floor vote in either house of the Legislature[3].

Approveda Utah Senate Bill 275 (2010): SB 275 changes the procedures for the withdrawal of signatures from initiative petitions, removing the requirement for a notarized statement. This requirement is replaced by a requirement for a signed statement, including voter's identification info and address.[2]

  1. Utah Legislature, "History of House Bill 44 (2010)"
  2. 2.0 2.1 Cite error: Invalid <ref> tag; no text was provided for refs named NCSL2010
  3. Utah Legislature, "History of Senate Bill 177 (2010)"