Utah Constitutional Amendment A, Emergency Session Appropriation Limits Measure (2022)

Utah Constitutional Amendment A
Election date November 8, 2022
Topic State and local government budgets, spending and finance and State legislatures measures
Status Defeated
Type Constitutional amendment	Origin State legislature

Utah Constitutional Amendment A, the Emergency Session Appropriation Limits Measure, was on the ballot in Utah as a legislatively referred constitutional amendment on November 8, 2022. The measure was defeated.

A "yes" vote supported this constitutional amendment to: increase the limit on appropriations the state legislature could make in an emergency session from 1 percent of the previous fiscal year's budget to 5 percent; exempt emergency federal funding from the limit; and exempt any appropriations that decreased total spending for the year from the limit.

A "no" vote opposed this constitutional amendment, thus continuing to limit appropriations the state legislature can make in an emergency session at 1 percent of the previous year's budget.

Election results

Utah Constitutional Amendment A
Result		Votes	Percentage
Yes		356,882	36.33%
No		625,367	63.67%

Results are officially certified.

Source

Overview

What would the amendment have done?

See also: Text of measure and constitutional changes

The amendment would have increased the limit on appropriations that the Utah State Legislature can make in an emergency session from 1 percent to 5 percent of the total amount appropriated by the Legislature for the immediately preceding completed fiscal year.

The amendment would also have exempted from the limit (a) any appropriations that would decrease expenditures in a fiscal year and (b) any appropriations of funding provided by the federal government for "a fiscal, public health, or other emergency or crisis." If it had been approved, the measure would have taken effect on January 1, 2023.

How did this measure get on the ballot?

See also: Path to the ballot

In Utah, a two-thirds vote is needed in the House and Senate to place a constitutional amendment on the ballot.

The constitutional amendment was introduced as House Joint Resolution 12 on February 9, 2021. The House voted 68-5, with two members not voting, on February 25, 2021. The Senate passed the measure in a unanimous vote on March 5, 2021.

How did this amendment relate to emergency sessions convened in 2020 to address the COVID-19 pandemic?

See also: Ballot measures in response to COVID-19 events and related regulations

This amendment was proposed in response to special legislative sessions in 2020 convened to deal with the COVID-19 emergency declarations. State Rep. Brad Last (R), the measure's sponsor, said that the legislature needed the governor to call it into special session in 2020 in order to spend the federal emergency funding that was provided to the state. He also said that the existing limits prevented the legislature from appropriating funds, including reductions to the budget, at the scale proposed in response to the pandemic.

Text of measure

Ballot title

The ballot title was as follows:

“

Shall the Utah Constitution be amended to change a provision relating to special sessions of the Utah Legislature that are convened by the president of the Utah Senate and speaker of the Utah House of Representatives: to increase the limit on the total amount of money the Legislature may appropriate during the session from an amount equal to 1% of the total amount appropriated during the preceding fiscal year to an amount equal to 5% of the total amount appropriated during the preceding fiscal year; and to exclude from that 5% limit: an appropriation of money that the state receives from the federal government to address a fiscal, public health, or other emergency or crisis; and an appropriation that decreases the amount of money

”

Constitutional changes

See also: Article VI, Utah Constitution

The ballot measure would have amended Section 2 of Article VI of the Utah Constitution. The following underlined text would have been added and struck-through text would have been deleted: Note: Hover over the text and scroll to see the full text.

Article VI, Section 2. [Time and location of annual general sessions -- Location of sessions convened by the Governor or Legislature -- Sessions convened by the Legislature.]

(1) Annual general sessions of the Legislature shall be held at the seat of government and shall begin on the day in January designated by statute.

(2) A session convened by the Governor under Article VII, Section 6 and a session convened by the Legislature under Subsection (3) shall be held at the seat of government, unless convening at the seat of government is not feasible due to epidemic, natural or human-caused disaster, enemy attack, or other public catastrophe.

(3) (a) The President of the Senate and Speaker of the House of Representatives shall by joint proclamation convene the Legislature into session if a poll conducted by the President and Speaker of their respective houses indicates that two-thirds of all members elected to each house are in favor of convening the Legislature into session because in their opinion a persistent fiscal crisis, war, natural disaster, or emergency in the affairs of the State necessitates convening the Legislature into session.

(b) The joint proclamation issued by the President and Speaker shall specify the business for which the Legislature is to be convened, and the Legislature may not transact any business other than that specified in the joint proclamation, except that the Legislature may provide for the expenses of the session and other matters incidental to the session.

(c) The Legislature may not be convened into session under this Subsection (3) during the 30 calendar days immediately following the adjournment sine die of an annual general session of the Legislature.

(d) (i) In a session convened under this Subsection (3), the cumulative amount of appropriations that the Legislature makes additional money appropriated by the Legislature may not exceed an amount equal to 1% 5% of the total amount appropriated by the Legislature for the immediately preceding completed fiscal year.

(ii) The limit in Subsection (3)(d)(i) does not apply to:

(A) an appropriation that decreases the amount of money authorized for expenditure in a fiscal year; or

(B) an appropriation of money that the federal government provides to the State to address a fiscal, public health, or other emergency or crisis.

(e) Nothing in this Subsection (3) affects the Governor's authority to convene the Legislature under Article VII, Section 6.

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The lieutenant governor wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 12, and the FRE is 41. The word count for the ballot title is 121.

Support

Supporters

Officials

• State Rep. Brad Last (R)

Arguments

• State Rep. Bradley G. Last (R): Concerning the existing limits on the legislature during emergency special sessions and the sessions that were called in 2020 in response to the COVID-19 pandemic, Rep. Last said, "What we learned in that process is that we didn’t give ourselves enough flexibility. [...] As you will recall we had to call ourselves into special session several times in order to accomplish what we needed to accomplish last year. So we came to a little better understanding of the emergency situation that might present itself.” Last also said, "This last year we had a $20 billion budget. When we called ourselves into special session, we were limited to adjustments of $200 million. We realized after we had gone down the road a bit we needed to do considerably more than that."

Opposition

Ballotpedia did not locate a campaign in opposition to the ballot measure.

Campaign finance

See also: Campaign finance requirements for Utah ballot measures

Total campaign contributions:
Support:	$0.00
Opposition:	$0.00

If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.

Background

Emergency special legislative sessions in Utah

See also: Utah Constitutional Amendment C, Changes Related to Special Legislative Sessions and State Revenue Measure (2018)

Voters approved a constitutional amendment in 2018 to allow the legislature to call itself into an emergency special session. The amendment also enacted the 1% limit on appropriations and cuts during such a special session. The legislature referred the amendment to the ballot and voters approved it by a vote of 63.4% to 36.6% on November 6, 2018.

In 2020, the Utah Legislature convened for four special sessions to address the coronavirus (COVID-19) pandemic. Two sessions were called by the governor, which means the appropriation limits contained in Amendment C (2018) did not apply, and the legislature was able to appropriate larger amounts, including federal emergency funding. The other two sessions were called by the legislature under the authority granted and limits set by Amendment C (2018).

Ballot measures in response to the coronavirus (COVID-19) pandemic and related regulations

See also: Ballot measures in response to the coronavirus (COVID-19) pandemic and coronavirus-related regulations

Constitutional amendments related to the coronavirus pandemic in three states were referred to the 2022 ballot concerning state legislative sessions:

Ballot measures in response to the coronavirus pandemic and coronavirus-related regulations
State	Measure	Description	Election date	Origin	Status
Arkansas	Legislature Power to Convene Extraordinary Sessions Amendment	Allows the state legislature to call itself into extraordinary sessions upon (a) a joint proclamation from the Speaker of the House and the Senate President Pro Tempore or (b) upon a proclamation signed by two-thirds of the members in each chamber	November 8, 2022	Legislature	On the ballot
Idaho	Legislative Authority to Call a Special Session Amendment	Allows the legislature to call itself into special session	November 8, 2022	Legislature	On the ballot
Kentucky	Changes to Legislative Session End Dates and Special Sessions Amendment	Changes the end date of the legislative session through a three-fifths vote in each chamber and provides that a special legislative session up to 12 days may be called by the House speaker and the Senate president	November 8, 2022	Legislature	On the ballot

Click here to see certified and potential ballot measures that were proposed in response to the coronavirus pandemic and coronavirus-related regulations.

Referred amendments on the ballot

From 2000 to 2020, the Utah State Legislature referred 39 constitutional amendments to the ballot. Voters approved 35 (89.74%) and rejected four (10.26%) of the referred amendments. All of the amendments were referred to the ballot for general elections during even-numbered election years. The average number of amendments appearing on the general election ballot was between three and four.

Legislatively-referred constitutional amendments, 2000-2020
Total number	Approved	Percent approved	Defeated	Percent defeated	Annual average	Annual minimum	Annual maximum
39	35	89.74%	4	10.26%	4	1	7

Path to the ballot

See also: Amending the Utah Constitution

In Utah, both chambers of the state legislature need to pass a constitutional amendment by a two-thirds vote during one legislative session to refer an amendment to the ballot.

The amendment was introduced into the legislature as House Joint Resolution 12 on February 9, 2021. The House approved the measure on February 25, 2021, by a vote of 68 to 5 with two members absent or not voting. The Senate passed the measure unanimously on March 5, 2021.

Vote in the Utah House of Representatives February 25, 2021
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 50  a
	Yes	No	Not voting
Total	68	5	2
Total percent	90.67%	6.67%	2.67%
Democrat	17	0	0
Republican	51	5	2

Vote in the Utah State Senate March 5, 2021
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 20  a
	Yes	No	Not voting
Total	29	0	0
Total percent	100%	0%	00%
Democrat	6	0	0
Republican	23	0	0

How to cast a vote

See also: Voting in Utah

Click "Show" to learn more about voter registration, identification requirements, and poll times in Utah.

How to cast a vote in Utah

Poll times Utah is an all-mail voting state that offers vote centers for voters that choose to vote in person. All vote centers are open from 7 a.m. to 8 p.m. local time. Utah voters are able to vote in person at any vote center. An individual who is in line at the time polls close must be allowed to vote. Registration requirements Check your voter registration status here. To register to vote in Utah, an applicant must be a citizen of the United States, a resident of Utah for at least 30 days prior to the election, and at least 18 years old by the next general election. Pre-registration is available for 16- and 17-year-olds. 17-year-olds may vote in primary elections if they will turn 18 by the general election. Registration can be completed online or by mailing in a form. The deadline to register online or by mail is 11 days before Election Day. After this deadline, voters may register in person at a vote center by casting a provisional ballot and providing two forms of identification. Automatic registration See also: Automatic voter registration Utah does not practice automatic voter registration. Online registration See also: Online voter registration Utah has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration See also: Same-day voter registration Utah allows same-day voter registration at polling places during the 10 days preceding and on Election Day. Residency requirements Prospective voters must be residents of the state for at least 30 days before the election. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States Utah does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, a person who commits fraudulent registration is "guilty of a class A misdemeanor" under Utah Code 20A-2-401. All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registration The Utah lieutenant governor’s office allows residents to check their voter registration status online by visiting this website. Voter ID requirements Utah requires in-person voters to present non-photo identification while voting. The following list of accepted ID was current as of May 2025: “ "Valid voter identification" means: a form of identification that bears the name and photograph of the voter which may include: a currently valid Utah driver license; a currently valid identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act; a currently valid identification card that is issued by: the state; or a branch, department, or agency of the United States; a currently valid Utah permit to carry a concealed weapon; a currently valid United States passport; or a currently valid United States military identification card; one of the following identification cards, regardless of whether the card includes a photograph of the voter: a valid tribal identification card; a Bureau of Indian Affairs card; or a tribal treaty card; or two forms of identification not listed under Subsection (79)(a) or (b) but that bear the name of the voter and provide evidence that the voter resides in the voting precinct, which may include: before January 1, 2029, an original or copy of a current utility bill, dated no more than 90 calendar days before the date of the election; before January 1, 2029, an original or copy of a bank or other financial account statement, dated no more than 90 calendar days before the date of the election; a certified birth certificate; a valid social security card; an original or copy of a check issued by the state or the federal government, dated no more than 90 calendar days before the date of the election; an original or copy of a paycheck from the voter's employer, dated no more than 90 calendar days before the date of the election; a currently valid Utah hunting or fishing license; certified naturalization documentation; a currently valid license issued by an authorized agency of the United States; a certified copy of court records showing the voter's adoption or name change; a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card; a currently valid identification card issued by: a local government within the state; an employer for an employee; or a college, university, technical school, or professional school located within the state; or a current Utah vehicle registration. ” Click here for the Utah statute defining accepted ID to ensure you have the most current information.

See also

2022 measures

• 2022 ballot measures
• Budgets on the ballot

Utah

• Utah ballot measures
• Utah ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• House Joint Resolution 12