Utah Constitutional Amendment B, Legislator Qualifications Amendment (2020)
| Utah Utah Constitutional Amendment B | |
|---|---|
 | |
| Election date November 3, 2020 | |
| Topic State legislatures measures | |
Status Approved | |
| Type Constitutional amendment | Origin State legislature |
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
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Utah Constitutional Amendment B |
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| Result | Votes | Percentage | ||
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1,114,795 | 80.10% | ||
| No | 276,897 | 19.90% | ||
Overview
What did Constitutional Amendment B do?
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.[1]
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.[1]
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.[1]
Text of measure
Ballot question
The ballot question was as follows:[2]
| “ | 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 ( ) [3] |
” |
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:[1]
|
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:
(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. [3] |
Impartial analysis
The impartial analysis for Constitutional Amendment B was included in the 2020 voter guide was as follows:[4]
|
Fiscal impact statement
The fiscal impact statement for Constitutional Amendment B was as follows:[4]
| “ | 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.[3] | ” |
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.
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Support
Supporters
Officials
- Utah State Senator Dan McCay (R)
- Utah State Representative Craig Hall
Arguments
Official arguments
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.[4]
Campaign finance
| 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:[5]
- 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[6]
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.[5]
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.
|
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.[7]
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.[1]
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.
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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 timesUtah 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.[8] Registration requirementsTo 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.[9] 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.[10][9][11] Automatic registrationUtah does not practice automatic voter registration. Online registration
Utah has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registrationIn 2018, Utah enacted same-day voter registration; voters may register on Election Day and during the ten days prior by casting a provisional ballot and providing two forms of identification.[10][12] Residency requirementsProspective voters must be residents of the state for at least 30 days before the election. Verification of citizenshipUtah does not require proof of citizenship for voter registration. Verifying your registrationThe Utah Lieutenant Governor’s office allows residents to check their voter registration status online by visiting this website. Voter ID requirementsUtah requires in-person voters to present non-photo identification while voting.Cite error: Closing The following list of accepted ID was current as of April 2023. Click here for the Utah State Legislature's statute defining accepted ID to ensure you have the most current information.
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See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 Utah State Legislature, "House Joint Resolution 4," accessed February 18, 2019
- ↑ Utah Office of the Lieutenant Governor, "2020 General Election Certification," accessed September 1, 2020
- ↑ 3.0 3.1 3.2 3.3 3.4 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ 4.0 4.1 4.2 Utah Secretary of State, "Statewide Ballot Measures," accessed September 28, 2020
- ↑ 5.0 5.1 Utah Elections, "State of Utah 2018 Candidate Manual," accessed March 19, 2019
- ↑ An individual convicted of a felony loses the right to hold office until all felony convictions have been expunged OR they meet all of the following requirements: 10 years have passed since their most recent felony conviction; they paid all court‐ordered restitution and fines; and they completed probation, granted parole, or completed the term of incarceration associated with the felony.
- ↑ National Conference of State Legislatures, "Legislators 2015 Average Age," accessed March 28, 2018
- ↑ Salt Lake County Clerk, “Election Day Vote Centers,” accessed April 24, 2023
- ↑ 9.0 9.1 [https://voteinfo.utah.gov/wp-content/uploads/sites/42/2020/05/Voter-Registration-Form5-20.pdf Utah Lieutenant Governor: Elections, “State of Utah Voter Registration Form,” accessed April 24, 2023
- ↑ 10.0 10.1 Utah Lieutenant Governor, “Learn how to register to vote,” accessed April 24, 2023
- ↑ Vote.Utah.gov, "State of Utah Voter Registration Form," accessed April 24, 2023
- ↑ Utah State Legislature, “Section 207 Registration by provisional ballot,” accessed April 24, 2023
- ↑ Cite error: Invalid
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