UTAH

Utah has statutory initiatives (but not  constitutional initiatives), veto referendums, and legislatively referred amendments. For statutory initiatives, Utah allows sponsors to decide whether to submit their proposal directly to voters through the direct initiative, or to first submit it for the legislature’s consideration through the indirect initiative. Utah’s processes for voter-initiated measures are quite different from those for legislatively referred amendments. For instance, the ballot must contain more information about an initiative or veto referendum than a legislatively referred amendment, including a separate ballot insert to provide voters with an impartial summary of each ballot measure. Further, Utah’s direct democracy provisions explicitly provide for judicial review of initiatives and veto referendums, but not legislatively referred amendments.

BACKGROUND INFORMATION

What forms of direct democracy are available, and when?

Statewide Ballot Measures in Utah

Utah has both direct and indirect statutory voter initiatives, veto referendums, and legislatively referred amendments.

√ Initiatives – Statutory (Direct and Indirect)

The people of Utah have reserved the initiative power to propose and enact legislation. Utah Const. art. VI, § 1(2)(a).

The people may petition for a proposed law to be submitted to voters at a general election (direct initiative) or submitted to the state legislature for its adoption (indirect initiative). Id.; Utah Code Ann. §§ 20A-7-102, 20A-7-208.

X Initiatives – Constitutional

√ Veto Referendums

Utahns have the referendum power to require that any law passed by the legislature be put to a popular vote, except for any law passed by a 2/3 supermajority vote. Utah Const. art. VI, § 1(2)(a)(i).

√ Legislatively Referred Amendments

An amendment to the state constitution proposed by the legislature must be approved by Utah voters. Utah Const. art. XXIII, § 1.

Election Timing

The timing of an election on a ballot measure may depend on the form of direct democracy; while most ballot measures must be submitted to voters at a general election, the Governor may call a special election with respect to a veto referendum.

• An initiative must be submitted to voters at a regular, general election.
  • Sponsors may choose to submit it directly to the voters at a general election. See Utah Code Ann. § 20A-7-203(2)(a).
  • Alternatively, sponsors may submit an initiative to the legislature. If the legislature declines to enact it, it will be submitted at the next regular general election, so long as additional verified and certified signatures are submitted to bring total signatures up to the required threshold. Id. § 20A-7-208(2).
• A veto referendum may be submitted at a general election, or a special election called by the Governor. See id.§ 20A-7-301(1)(b), 20A-7-303(2)(a).
• A legislatively referred amendment must be submitted to Utah voters at the “next general election” after it is approved by 2/3 of all members elected to each house of the legislature. Utah Const. art. XXIII, § 1.

BALLOT PREPARATION

What is included on the ballot, and who prepares it?

The ballot contents for a Utah ballot initiative depend on the type of measure at hand.

• The ballot for an initiative or veto referendum must contain the following.
  • Impartial short title (25 words or less). Utah Code Ann. §§ 20A-7-209(2)(a)(ii)(A), (d)(ii), 20A-7-308(2)(a).
    • The title generally describes the subject of the measure.
    • It is prepared by the Office of Legislative Research and General Counsel.
  • (For initiatives only) Fiscal impact estimate (100 words or less, + 100 words per revenue source that proposal creates or impacts). §§ 20A-7-202.5, 20A-7-204.1.
    • The estimate must be unbiased, “good faith” initial estimate.
    • It is prepared by the Office of the Legislative Fiscal Analyst, which incorporates any changes to proposal following public hearings held by measure’s sponsors.
  • Statement to notify voters of separate ballot proposition handout with impartial summaries of any initiatives and veto referendums appearing on the ballot. §§ 20A-7-209, 20A-7-308.
• The following information about an initiative or veto referendum must also be provided: whether on the ballot or a proposition insert provided to voters alongside the ballot. See Utah Code Ann. § 20A-7-209(2)(e), (d)(iii).
  • Impartial summary of measure’s contents (125 words or less), prepared by Office of Legislative Research and General Counsel. See Utah Code Ann. § 20A-7-209(2)(e), (2)(a)(ii)(B).
  • Link to Lieutenant Governor’s website where voters may review additional information on each initiative or veto referendum, including the following. Utah Code Ann. § 20A-7-209(2)(e).
    • Information relating to the measure’s sponsors.
    • Full text of the measure.
    • Arguments from the Voter Information Pamphlet (discussed below).

See also generally Utah Code Ann. § 20A-7-308.  

• The ballot for a legislatively referred amendment must contain the following.
  • Ballot title summarizing amendment’s subject matter. Utah Ann. Code § 20A-7-103.
    • Prepared by Legislative General Counsel.
    • Must summarize any legislation that is enacted and will become effective if the proposed amendment is approved by voters.

INFORMATION TO VOTERS

What information is provided to voters before the election, and how?

Publication

Utah’s publication requirements vary depending on the type of ballot measure at issue.

• For initiatives, before a petition is circulated for signatures, sponsors must hold seven public hearings in designated regions and must publish notice of each hearing in a local newspaper at least three days beforehand (or take alternative steps to publicize the hearing). If the initiative proposes a tax increase, notice must include that the initiative seeks to increase a particular tax rate plus the percentage difference of the increase. Utah Code Ann. § 20A-7-204.1.
• For initiatives and veto referendums, arguments relating to each measure are included in a Voter Information Pamphlet (described below). The legislature may designate legislators to draft arguments opposing initiatives and veto referendums, but if not, the Lieutenant Governor must publish a public notice on their website to include instructions for how voters may submit written arguments for consideration. §§ 20A-7-704, 20A-7-705.
• For legislatively referred amendments, the Lieutenant Governor must publish the full text of each proposed amendment in at least one newspaper in each county, where a newspaper is published, for two months immediately preceding the election. Utah Const. art. XXIII, § 1; Utah Ann. Code § 20A-7-103.

Voter Information Pamphlet

The Lieutenant Governor must publish a Voter Information Pamphlet that includes the following information about each ballot measure.

• Ballot title. Utah Code Ann. § 20A-7-702.
• Full text of measure being submitted to voters.
• Impartial analysis prepared by the Office of Legislative Research and General Counsel (1,000 words or less).
  • The analysis is prepared in language that will be easily understood by the average voter, avoiding technical terms as much as possible. It must describe the effect of the measure on existing law, any potential conflicts with the U.S. or Utah Constitutions raised by the measure, the measure’s operation, and its fiscal effects over time. § 20A-7-703.
• Arguments for and against the measure and rebuttal arguments (500 words or less, each). § 20A-7-702.
  • For initiatives, arguments in favor are drafted by a designated sponsor. Arguments against may be drafted by a designated legislator, or if none, by an interested voter selected after public notice is provided. § 20A-7-704.
  • For veto referendums and legislatively referred amendments, arguments in favor of adoption are drafted by one or more designated legislators who voted for the underlying proposal. Arguments against are drafted by one or more designated legislators who voted against it, or if none, by an interested voter selected after public notice is provided. § 20A-7-705.
• For veto referendums only, final legislative vote on underlying legislation. § 20A-7-702.

JUDICIAL REVIEW

When and how can the court step in?

• Together, at least three sponsors of an initiative or veto referendum may challenge the short title and/or summary prepared by the Office of Legislative Research and General Counsel. However, there is a presumption that the language prepared is impartial, and it may not be revised by a court unless the language is shown to be false or biased. Utah Code Ann. §§ 20A-7-209(4), 20A-7-308(4).

In addition, for initiatives only, at least three sponsors may challenge the initial fiscal impact estimate prepared by the Office of the Legislative Fiscal Analyst. However, there is a presumption in favor of the initial estimate, and the court may not revise or direct revision thereof unless it is shown that, taken as a whole, it is an inaccurate statement of the initiative’s estimated fiscal impact. Utah Code Ann. § 20A-7-202.5(4).

Sample case: Snow v. Off. of Leg. Rsch and Gen. Couns., 167 P.3d 1051 (Utah 2007) (rejecting argument that ballot title for veto referendum was patently false because it did not reference a subsequent piece of related legislation).

• Utah’s provisions pertaining to legislatively referred amendments do not explicitly provide for judicial review of ballot contents or related materials, but review may be available under other channels.