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Utah Publication Requirements for Constitutional Amendments Measure (2026)
Utah Publication Requirements for Constitutional Amendments Measure | |
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Election date |
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Topic Ballot measure process |
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Status On the ballot |
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Type Legislatively referred constitutional amendment |
Origin |
The Utah Publication Requirements for Constitutional Amendments Measure is on the ballot in Utah as a legislatively referred constitutional amendment on November 3, 2026.
A "yes" vote supports amending the constitution to require that constitutional amendments be published, in a manner provided by the legislature, for 60 days immediately before the next general election. |
A "no" vote opposes amending the constitution, maintaining the requirement that constitutional amendments appearing on the ballot be published in a newspaper in each county for two months. |
Overview
How would this amendment change the publication requirements for constitutional amendments?
The Utah constitution requires that any proposed constitutional amendment on the ballot be published in at least one newspaper in every county in the state for two months before the election. Under HJR 10, potential constitutional amendments would be required to be published for 60 days before the election in a manner provided by statute.
Utah Governor Cox signed into law House Bill 481 (HB 481) on March 27. It would go into effect only if HJR 10 is approved by voters in the November 2026 election.[1] Under HB 481, proposed constitutional amendments would be required to be published as a Class A Notice. Criteria for a Class A Notice are outlined in state statute 63G-30-102. Class A Notices from the state legislature are required to be published on the Utah Public Notice Website and the state legislature's website.[2]
How are amendments to the Utah constitution introduced?
- See also: Amending the Utah Constitution
The Utah constitution provides for legislatively referred amendments; there is no citizen-initiated process to amend the state constitution. In order to amend the constitution, the legislature passes a potential amendment in both the state House and the state Senate, with a two-thirds majority vote. Then, the amendment is placed on the ballot for voters to approve or deny. Unlike state statutory law, amendments do not require the governor's signature to be referred to the ballot. A simple majority vote (greater than 50%) is required from voters in order to approve a constitutional amendment in an election.
Have any amendments in recent years failed to meet the publication requirement?
There were two amendments proposed for the ballot in 2024 that were invalidated due to their failure to meet the publication requirement. Both Amendment A and Amendment D achieved a two-thirds majority vote in the state House and Senate and were certified for the ballot. However, the Utah Supreme Court ruled that they failed to meet the publication requirement and were subsequently invalidated. Though the amendments were printed on the ballot for the 2024 general election, no votes were counted for either ballot measure.
Text of measure
Constitutional changes
- See also: Utah Constitution
The ballot measure would amend Article XXIII, Section 1 of the Utah Constitution. The following underlined text would be added and struck-through text would be deleted:[3]
Note: Hover over the text and scroll to see the full text.
Article XXIII, Section 1. [Amendments: proposal, election.]
Any amendment or amendments to this Constitution may be proposed in either house of the Legislature, and if two-thirds of all the members elected to each of the two houses, shall vote in favor thereof, such proposed amendment or amendments shall be entered on their respective journals with the yeas and nays taken thereon; and the Legislature shall cause the same to be published in at least one newspaper in every county of the state, where a newspaper is published, for two months , in a manner provided by statute, for 60 calendar days immediately preceding the next general election, at which time the said amendment or amendments shall be submitted to the electors of the state for their approval or rejection, and if a majority of the electors voting thereon shall approve the same, such amendment or amendments shall become part of this Constitution.
The revision or amendment of an entire article or the addition of a new article to this Constitution may be proposed as a single amendment and may be submitted to the electors as a single question or proposition. Such amendment may relate to one subject, or any number of subjects, and may modify, or repeal provisions contained in other articles of the Constitution, if such provisions are germane to the subject matter of the article being revised, amended or being proposed as a new article.[4]
Support
Ballotpedia has not located a campaign in support of the ballot measure. You can share campaign information or arguments, along with source links for this information, with us at editor@ballotpedia.org.
Supporters
Officials
- State Sen. Dan McCay (R)
- State Rep. Anthony Loubet (R)
Arguments
Opposition
Ballotpedia has not located a campaign in opposition to the ballot measure. You can share campaign information or arguments, along with source links for this information, with us at editor@ballotpedia.org.
Arguments
You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.
Campaign finance
- See also: Ballot measure campaign finance, 2025
If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.
Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
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Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Total | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Background
Amendments invalidated due to failure to follow publication requirements
In 2024, the newspaper publication requirement in the constitution led to the invalidation of two constitutional amendments that had been certified for the ballot. The Utah Supreme Court voided Amendment A and Amendment D, determining that election officials in both cases failed to comply with the newspaper publication requirement. Regarding Amendment D, the court’s opinion stated, “The submission and publication requirements are not mere boxes to be checked before votes can be tallied; they are constitutional safeguards designed to ensure that voters have the information and time necessary to cast an informed vote on a matter as weighty as a constitutional amendment. If those requirements are unfulfilled, it would be unconstitutional to allow a proposed amendment to go into effect. … Because Amendment D was not submitted to the voters in the way our constitution requires, it is void.”[5]
In 2022, Iowa voters decided on a constitutional amendment that was originally intended to appear on the 2020 ballot. In order to appear on the 2020 ballot, the amendment, which would have established a constitutional right to bear arms, was required to be published before the public at least three months before November 2018. The Office of the Secretary of State failed to report and publish that constitutional amendment within the requirement, and the amendment process had to begin again. As such, the amendment did not appear on the ballot until 2022. [6]
In 2021, the Pennsylvania State Department announced that officials did not publish a constitutional amendment as required, and as such it would not appear on the ballot. The amendment would have altered the state constitution to create a two-year period in which persons can file civil suits arising from childhood sexual abuse that would otherwise be considered outside the statute of limitations. [7]
Publication requirements in other states
A total of 32 state constitutions contain a publication requirement for proposed constitutional amendments before they appear in an election. In 19 states, including Utah, the requirement specifies that a publication is made in a newspaper. The requirements in each constitution vary, and not all require that proposed amendments be published for a specified time period. The map below highlights which states have publication requirements for proposed constitutional amendments.
Path to the ballot
Amending the Utah Constitution
- See also: Amending the Utah Constitution
A two-thirds majority vote in both the legislative chambers vote is required during one legislative session for the Utah State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 50 votes in the Utah House of Representatives and 20 votes in the Utah State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
House Joint Resolution 10
The following is the timeline of the constitutional amendment in the state legislature:[8]
- February 11, 2025: The Utah House Government Operations Committee introduced the constitutional amendment as House Joint Resolution 10 (HJR 10).
- February 20, 2025: The Utah House Government Operations Committee unanimously approved HJR 10, progressing the amendment to the full Utah House of Representatives.
- February 26, 2025: The House of Representatives voted 70-0 to approve HJR 10, with five Republican representatives absent or not voting.
- March 4, 2025: The Utah Senate Revenue and Taxation Committee unanimously passed HJR 10 to advance the amendment to the full Utah State Senate.
- March 7, 2025: The Senate approved HJR 10 with a vote of 29-0 with no senators absent or not voting.
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How to cast a vote
- See also: Voting in Utah
See below to learn more about current voter registration rules, identification requirements, and poll times in Utah.
See also
View other measures certified for the 2026 ballot across the U.S. and in Utah.
Explore Utah's ballot measure history, including constitutional amendments.
Understand how measures are placed on the ballot and the rules that apply.
External links
Footnotes
- ↑ Utah State Legislature, "House Bill 481," accessed March 31, 2025
- ↑ Utah State Legislature, "Title 63G, Chapter 30, Section 102," accessed March 31, 2025
- ↑ Utah State Legislature, "HJR10 Text," accessed March 10, 2025
- ↑ 4.0 4.1 Note: This text is quoted verbatim from the original source. Cite error: Invalid
<ref>
tag; name "quotedisclaimer" defined multiple times with different content - ↑ 2KUTV, "Ballot measure to give Utah lawmakers final power over voter initiatives will remain void," accessed March 28, 2025
- ↑ Des Moines Register, "Iowa gun rights amendment is back to square one after 'bureaucratic oversight'," accessed March 28, 2025
- ↑ The Philadelphia Inquirer, "A Pa. Dept. of State error means some sex-abuse victims will again have to wait for justice," accessed March 28, 2025
- ↑ Utah State Legislature, "HJR 10 Bill Status/Votes," accessed March 10, 2025
- ↑ Utah State Legislature, “Utah Code 20A-1-302. Opening and closing of polls on election day.” accessed May 13, 2025
- ↑ 10.0 10.1 Utah State Legislature, “Utah Code 20A-2-101. Eligibility for registration.” accessed May 13, 2025
- ↑ 11.0 11.1 11.2 Utah Lieutenant Governor, “Welcome to the Utah Voter Registration Website,” accessed May 13, 2025
- ↑ 12.0 12.1 Utah State Legislature, “20A-2-207. Registration by provisional ballot.” accessed May 13, 2025
- ↑ NCSL, "State Profiles: Elections," accessed May 13, 2025
- ↑ Utah State Legislature, “Utah Code 20A-2-401. Fraudulent registration -- Penalty.” accessed May 13, 2025
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ 16.0 16.1 Utah State Legislature, "Utah Code 20A-1-102. Definitions." accessed May 13, 2025