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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 rules

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

See law: Utah Constitution, Article VI, Section 22 & 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)

Competing initiatives

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

Utah law provides that in the event that two measures conflict, the measure with the most affirmative votes supersedes the other. The Governor of Utah is responsible for determining whether two measures conflict--his decision can be appealed to the Utah Supreme Court.

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 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.

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 Lieutenant Governor.

• The sponsor application form can be found here.

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 measures 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 Governor's Office of Planning and Budget 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 Office of Planning and Budget.

See law: Utah Code, Title 20A, Chapter 7, Section 202 & Section 204.1

Fiscal review

See also: Fiscal impact statements

Once the Governor's Office of Planning and Budget has received the proposed measure, it must prepare an "unbiased, good faith estimate of the fiscal impact" of the measure. This estimate should also list any funding sources for the measure 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.

See law: Utah Code, Title 20A, Chapter 7, Section 202.5

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.

Number required

See also: Utah signature requirements

The number of required signatures is tied to 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. For directly initiated statutes and veto referendums, proponents must gather signatures equal to 10% of the total votes cast for President. For indirectly initiated statutes, proponents must get 5% of this vote. If the legislature chooses not to adopt the measure, proponents must collect another 5% to place the measure on the ballot.

Year	Direct statute	Indirect statute Round 1	Indirect statute Round 2	Veto referendum
2014	102,879	51,440	51,440	102,879
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 10% of votes cast for President in that district.

For indirect initiatives, signatures must be collected from each of at least 26 of the 29 Utah State Senate districts equal to 5% of votes cast for President in that district. If a second round of signatures is collected, the signatures as a whole (equaling 10% of the vote cast for President) are subject to the requirement for direct initiatives.

For referendum petitions, signatures must be collected from each of at least 15 of the 29 counties in Utah equal to 10% of votes cast for President in that county.

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

Restrictions on circulators

Pay-per-signature

See also: Pay-per-signature

Utah does not ban paying circulators by the signature.

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.

See law: Utah Code, Title 20A, Chapter 7, Section 205 & Chapter 2, Section 105

Badge requirements

See also: Badge requirements

Utah does not require signature gatherers to disclose their paid or volunteer status.

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

Electronic signatures

See also: Electronic petition signatures

Since electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested. Utah does not permit electronic signatures.

See law: Utah Code, Title 20A, Chapter 7, Section 101 (18b)

Deadlines for collection

See also: Petition drive deadlines; Circulation period

All signatures for Utah initiatives must be submitted within 316 days of the initial filing or by April 15 of the general election year--whichever is sooner. The first round of signatures for indirect initiatives are due on the November 15 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.

See law: Utah Code, Title 20A, Chapter 7, Section 206

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

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. 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.

See law: Utah Code, Title 20A, Chapter 7, Section 206 ; Section 206.3 & 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 drafted by the Office of Legislative Research and General Counsel. The ballot title is a statement of 100 words or less impartially summarizing the measure--it may differ from the descriptive title chosen by sponsors prior to circulation. The ballot also includes the fiscal impact statement drafted by the Governor's Office of Planning and Budget.

See law: Utah Code, Title 20A, Chapter 6, Section 107 & Chapter 7, Section 209 & 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 3/5 supermajority, others states set the margin differently. In addition, ballot measures may face legal challenge or modification 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 adjournment of the legislative session. Unless otherwise specified in the measure, direct initiatives take effect five days after the Governor proclaims the official election results.

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 30 (sponsors must be mailed notification of the ballot title decision by July 21). Within 20 days of the delivery of the fiscal impact statement to the Lt. Governor, any three sponsors may challenge in the statement. In both of these cases, the challenge should be filed with the Utah Supreme Court. There is a rebuttable presumption that the state's title and statement are fair and accurate.

Any person may challenge the Lt. Governor's determination of sufficiency. Such challenges should be filed with the state Supreme Court by June 15. The deadline for the Lt. Governor to make his or her determination is June 1.

See law: Utah Code, Title 20A, Chapter 7, Section 202.5209 ; Section 207 & Section 209

Legislative tampering

See also: Legislative tampering

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 & 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

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.

• Article VI, Utah Constitution

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

• Utah Code, Title 20A, Chapter 7

External links

• Vote.Utah.gov, "On My Ballot--Issues and Propositions"
• Utah Lieutenant Governor, "Utah Initiatives"
• Utah Lieutenant Governor, "Utah Referenda"
• Utah Lieutenant Governor, "Forms and Fees"

References

Ballot law
State laws
Initiative law Recall law Statutory changes
Court cases
Lawsuit news Ballot access rulings Recent court cases Petitioner access Ballot title challenges Superseding initiatives Signature challenges
Laws governing local ballot measures

The following laws have been proposed which modify ballot measure law in Utah.

Proposed changes by year

2011

See also: Changes in 2011 to laws governing ballot measures

Bills that have or might be introduced in the 2011 session of the Utah State Legislature include:

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: