Laws governing the initiative process in Utah
Laws and procedures
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.
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.
See law: Utah Constitution, Article VI, Section 1(2)
Veto referendums on emergency legislation
In Utah, veto referendums cannot be used on emergency legislation.
See law: Utah Constitution, Article VI, Section 1
Competing initiatives
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.
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.
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.
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.
See law: Utah Code, Title 20A, Chapter 7, Section 202.5, Section 203, Section 209 and Section 702
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.
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 |
---|---|---|---|---|
2026 | 140,748 | 70,374 | 70,374 | 140,748 |
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 |
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.
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]
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.
See law: Utah Code, Title 20A, Chapter 7, Section 205 & Section 205.5
Out-of-state circulators
Utah requires petition circulators to be residents of the state.
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]
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.
See law: Utah Code, Title 20A, Chapter 21, Section 201
Deadlines for collection
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.
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.
In 2024, a state law was enacted providing for a process for voters with a qualifying disability under the Americans with Disabilities Act who cannot sign their name consistently to sign petitions and remove signatures from petitions. Instead of signing a statement, the voter may write "AV" indicating that the county clerk must use an alternative verification method to verify the voter's identity.[9]
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.
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. In 2024, a state law was enacted providing for a process for voters with a qualifying disability under the Americans with Disabilities Act who cannot sign their name consistently to sign petitions and remove signatures from petitions. Instead of signing a statement, the voter may write "AV" indicating that the county clerk must use an alternative verification method to verify the voter's identity.[10]
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.
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.
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.
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.
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.
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.
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.
See law: Utah Code, Title 20A, Chapter 7, Section 202(5f)
Funding an initiative campaign
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
- ↑ NCSL, "Drafting the Initiative Proposal," accessed May 19, 2011
- ↑ NCSL, "Preparation of a Fiscal Analysis," accessed May 19, 2011
- ↑ NCSL, "Preparation of a Ballot Title and Summary," accessed May 19, 2011
- ↑ The signature requirement for 2020 initiatives changed because the legislature passed and the governor signed a bill changing the basis and percentage used to calculate the requirement.
- ↑ Utah Legislature, "Utah Code - 20A-7-203, 205," accessed September 9, 2013
- ↑ Utah Legislature, "Utah Code - 20A-7-205, 205.5," accessed September 9, 2013
- ↑ Utah Legislature, "Utah Code - 20A-7-206," accessed September 9, 2013
- ↑ NCSL, "Paid vs. Volunteer Petitioners," December 2, 2021
- ↑ Utah State Legislature, "HB 79," accessed April 3, 2024
- ↑ Utah State Legislature, "HB 79," accessed April 3, 2024
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Changes in the law
Contents |
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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
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2020
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2019
Grant et al. v. Herbert et al.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]
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2018
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2017
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2016
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2015
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2014
The following bills were introduced in the Utah State Legislature:
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2013
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2012
The following bills were introduced in the Utah State Legislature:
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2011
The following bills were introduced in the Utah State Legislature:
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2010
The following proposals were made during the 2009-2010 session of the Utah Legislature: The following bills were introduced in the Utah Legislature:
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State of Utah Salt Lake City (capital) | |
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Elections |
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