Utah Constitutional Amendment B, Legislator Qualifications Amendment (2020)

Utah Utah Constitutional Amendment B
Election date November 3, 2020
Topic State legislatures measures
Status a Approved
Type Constitutional amendment	Origin State legislature
List of Utah measuresUtah Constitutional Amendment AUtah Constitutional Amendment BUtah Constitutional Amendment CUtah Constitutional Amendment DUtah Constitutional Amendment EUtah Constitutional Amendment FUtah Constitutional Amendment GSubmit

Utah Constitutional Amendment B, the Legislator Qualifications Amendment, was on the ballot in Utah as a legislatively referred constitutional amendment on November 3, 2020. It was approved.

A "yes" vote supported the constitutional amendment to specify that certain qualifications of a legislator—such as age— apply as of the time of election or appointment rather than the time a legislator assumes office.

A "no" vote opposed the constitutional amendment to specify that certain qualifications of a legislator—such as age— apply as of the time of election or appointment rather than the time a legislator assumes office.

Election results

Utah Constitutional Amendment B
Result		Votes	Percentage
Yes		1,114,795	80.10%
No		276,897	19.90%

Results are officially certified.

Source

Overview

What did Constitutional Amendment B do?

See also: Ballot language and constitutional changes

This amendment was designed to specify that certain qualifications of a legislator apply as of the time of election or appointment rather than the time a legislator assumes office. The amendment did not change the qualifications of a legislator.

How did this measure get on the ballot?

See also: Path to the ballot

This amendment was sponsored by Republican Representative Craig Hall of Utah's 33rd House District. Hall argued that the Utah Constitution is "silent and therefore unclear" about when certain qualifications for state legislators (such as age) apply— whether it be at the time of filing, at the time of election, or at the time office is assumed.

The House of Representatives unanimously approved the amendment on February 12, 2019, except that two Republican representatives were absent or not voting. On March 13, 2019, the Senate approved the amendment unanimously except that two Republican senators were absent or not voting.

Text of measure

Ballot question

The ballot question was as follows:

“

Shall the Utah Constitution be amended to specify that certain requirements that a person must meet to be eligible for the office of senator or representative in the Utah Legislature apply at the time the person is elected or appointed? For ( ) Against ( )

”

Constitutional changes

See also: Article VI, Utah Constitution

The measure amended Section 5 of Article VI of the Utah Constitution. The following underlined text was added and struck-through text was deleted:

Article VI, Section 5. [Who is eligible as a legislator.]

(1) A person is not eligible to the office of senator or representative unless the person is: (a) at the time of election or appointment:

[(a)] (i) a citizen of the United States;

[(b)] (ii) at least twenty-five years of age; and

[(c)] (iii) a qualified voter in the district from which the person is chosen;

[(d)] (b) a resident of the state for three consecutive years immediately prior to:

(i) the last date provided by statute for filing for the office, for a person seeking election to the office; or

(ii) the person's appointment to the office, for a person appointed to fill a mid-term vacancy; and

[(e)] (c) (i) a resident of the district from which the person is elected for six consecutive months immediately prior to the last date provided by statute for filing for the office; or (ii) a resident of the district for which the person is appointed to fill a mid-term vacancy for six consecutive months immediately prior to the person's appointment.

(2) A person elected or appointed to the office of senator or representative may not continue to serve in that office after ceasing to be a resident of the district from which elected or for which appointed.

Impartial analysis

The impartial analysis for Constitutional Amendment B was included in the 2020 voter guide was as follows:

“ Current Provisions of the Utah Constitution Under the current Utah Constitution, to be eligible for the office of senator or representative in the Utah Legislature a person must be: a citizen of the United States; at least 25 years old; and a qualified voter in the senate or house district that the person will represent. These requirements apply whether a person seeks election to the office or is appointed to fill a vacancy. The constitution does not specify when a person must meet these eligibility requirements. Effect of Constitutional Amendment B Constitutional Amendment B modifies the Utah Constitution to specify that a person must meet the eligibility requirements at the time of election or appointment. Under the Amendment, a person does not need to meet these requirements at another time, such as when the person submits a declaration of candidacy. Effective Date If approved by voters, Constitutional Amendment B takes effect on January 1, 2021. ”

Fiscal impact statement

The fiscal impact statement for Constitutional Amendment B was as follows:

“

The Legislative Fiscal Analyst has determined that Constitutional Amendment B will have no fiscal effect and will not result in any increase or decrease in revenue or cost to the state or to local governments.

”

Readability score

See also: Ballot measure readability scores, 2020

Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary 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 Office of Legislative Research and General Counsel wrote the ballot language for this measure. The FKGL for the ballot title is grade level 21, and the FRE is 14. The word count for the ballot title is 40, and the estimated reading time is 10 seconds.

Support

Supporters

Officials

• Utah State Senator Dan McCay (R)
• Utah State Representative Craig Hall

Arguments

• Utah State Representative and measure sponsor Craig Hall (R): "The Utah constitution states that legislators must be at least 25 years of age but it does not set forth by when they must be 25 years of age. Is it at the time of filing, which happens in March? Is it at the time of election? Is it when they assume office in January? The state constitution is silent and therefore unclear." Hall also noted that the state constitution does make clear that the age requirements for state executive offices apply at the time of election.

Official arguments

• Representative Craig Hall (R) and Senator Daniel McCay (R) (Voter Guide): "The State Constitution sets forth that a state legislator must be at least 25 years of age. But it does not specify by when they must be at least 25 years of age. This proposed amendment clarifies that a state legislator must be at least 25 years of age 'at the time of election or appointment.' The State Constitution is silent on this issue, and therefore unclear. The 'or appointment' language is also necessary in the event of a mid-term replacement. The proposed amendment adds clarity to the Utah State Constitution and sets forth precisely by which day a person must meet the minimum age requirement to become a state legislator. Vote FOR Constitutional Amendment B."

Opposition

If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.

Official arguments

No arguments were submitted for the 2020 voter guide in opposition to Constitutional Amendment B.

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

Qualifications to serve as a state legislator in Utah as of 2020

As of 2020, to be eligible to serve in the Utah State Senate or Utah House of Representatives, a candidate must be:

• A U.S. citizen;
• 25 years old;
• A three-year resident of Utah at the filing deadline time;
• A resident of the district for six months at the filing deadline time;
• Registered to vote in Utah; and
• Free of felony convictions

Additionally, those who hold public office of profit or trust under the authority of the United States or the State of Utah may not serve as a legislator.

Qualifications to hold state executive office

Section 3 of Article VII of the Utah Constitution lays out the qualifications for state executive officers and provides that the qualifications apply at the time of election.

Article VII, Section 3 Qualifications of officers. (1) To be eligible for the office of Governor or Lieutenant Governor a person shall be 30 years of age or older at the time of election. (2) To be eligible for the office of Attorney General a person shall be 25 years of age or older, at the time of election, admitted to practice before the Supreme Court of the State of Utah, and in good standing at the bar. (3) To be eligible for the office of State Auditor or State Treasurer a person shall be 25 years of age or older at the time of election. (4) No person is eligible to any of the offices provided for in Section 1 unless at the time of election that person is a qualified voter and has been a resident citizen of the state for five years next preceding the election.

Age requirements of state legislators in other states

In North Dakota, Vermont, and Ohio, there were no minimum age requirements to serve in either chamber of the state legislature as of 2018. In North Carolina, there was no minimum age to serve in the House, but there was a 25-year age requirement to serve in the state Senate.

Two states near Utah, Arizona and Colorado, were like Utah in that they also had 25-year age requirements to serve in both the state House and Senate.

States represented in orange had a minimum age of 18 years old to serve in the state House, though New Hampshire had a 30-year age requirement to serve in the state Senate. States represented in green had a minimum age requirement of 21 to serve in the state House, but many have had higher age requirements to serve in the state Senate. Missouri, Kentucky, and Delaware had a minimum age requirement to serve in the state House of 24.

According to data compiled by the National Conference of State Legislatures, the average age of a Utah legislator in 2015 was 59, 16 years older than the average age of the state’s adult population.

The chart below shows the minimum age requirements to serve as a state legislator in the state House and state Senate as of 2019. States shaded in black have no minimum age requirements.

Referred amendments on the ballot

From 1996 through 2018, the state legislature referred 42 constitutional amendments to the ballot. Voters approved 38 and rejected four 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. The approval rate at the ballot box was 90.48 percent during the 22-year period from 1996 through 2018. The rejection rate was 9.52 percent.

Legislatively-referred constitutional amendments, 1996-2018
Total number	Approved	Percent approved	Defeated	Percent defeated	Annual average	Annual median	Annual minimum	Annual maximum
42	38	90.48%	4	9.52%	3.50	3.00	1	6

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 4 on January 29, 2019. The House of Representatives approved the amendment, with 73 members (57 Republicans and all 16 Senate Democrats) voting in favor and two Republicans— Christine Watkins and Ken Ivory—absent or not voting, on February 12, 2019. On March 13, 2019, the Senate approved the amendment in a vote of 27-0 with two Republican Senators absent or not voting.

The amendment must then be approved by a majority of voters voting in the general election, not just a majority of voters voting on the amendment.

Vote in the Utah House of Representatives February 11, 2019
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	73	0	2
Total percent	97.33%	0.00%	2.66%
Democrat	16	0	0
Republican	57	0	2

Vote in the Utah State Senate March 13, 2019
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	27	0	2
Total percent	93.10%	0.00%	6.90%
Democrat	6	0	0
Republican	21	0	2

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

The information below covers regular voting policies in the state. Information may have not applied to the election on November 3, 2020, because of temporary changes in response to coronavirus. Click here to read about changes made for the 2020 elections. 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

2020 measures

• 2020 ballot measures
• Civil rights on the ballot
• Constitutional language 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 4
• Statewide Ballot Questions