Laws governing the initiative process in Utah
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Utah voters may pass new state laws through the initiative process, and they may also initiate a nullification of legislation approved by their state legislature through a veto referendum process. Utahns, however, have no initiative provision for amending their constitition, although they do have the right to ratify or reject constitutional amendments that are legislatively referred to the ballot by the state legislature.
Initial steps
An original draft of the application for initiative or referendum is submitted to the Utah Lieutenant Governor. The application requires five sponsors who must be registered voters and have voted in regular general elections in Utah in the last three years. The Lieutenant Governor then forwards the application to the Utah Attorney General who reviews it, usually for 5 business days. After the Attorney General reviews it, he sends it back to the Lieutenant Governor who notifies the proponents that they can begin circulating. The Lieutenant Governor can reject an initiative petition application if the law proposed by the initiative is patently unconstitutional; the proposed law is nonsensical; or if the proposed law could not become a law if passed.
Once the signatures are verified and the proposal verified by the lieutenant governor a ballot title is prepared for the initiative within 15 days of receipt. At least three of the sponsors may appeal the decision to the Utah Supreme Court. The Supreme Court will examine the measures and hear arguments, and, in its decision, certify to the lieutenant governor a ballot title.
Deadlines
Initiative language and referendum can be submitted at any time, and the circulation time is unlimited. (See petition drive deadlines in 2008.)
Distribution requirement
For direct initiatives, proponents must gather 10% of the vote cast in at least 20 of the 29 counties. For indirect initiatives, proponents must gather 5% in at least 20 of 29 counties. In 2002, in the case of Gallivan v. Walker, the Utah Supreme Court struck down a more restrictive distribution requirement passed by the state legislature in 1998.
Residency status of circulators
- Main article: Residency requirements for petition circulators
Utah has a residency requirement for petition circulators. However, the December 2008 decision of the Tenth Circuit in the case of Yes on Term Limits v. Savage could mean that Utah's residency law is unconstitutional.
Number of required signatures
The number of required signatures is tied to the number of votes cast in the state for governor in the most recent gubernatorial election. In 2004, the number of votes cast was 919,960.[1] For direct initiatives statutes, proponents must gather signatures equal to 10% of the total votes cast in the last gubernatorial election (91,996 signatures), plus they must get 10% of the vote cast in at least 20 of the 29 counties. For indirect initiatives statutes, proponents must get 5% of the total votes cast in last gubernatorial election and 5% in at least 20 of 29 counties for the initiative to be submitted to the legislature. If the legislature votes it down, proponents can then go out and get the remaining 5% to qualify it for the ballot. Utah has no provision for constitutional amendment initiatives.
Single-subject rule
Utah does not have a single-subject rule.
Legislative tampering
- Main article: Legislative tampering
Initiatives that are approved by the voters are treated as regular statutes and may be amended or repealed by the Legislature at any legislative session after the act or law has taken effect.
Proposed changes in law
Proposed HB48 would require that ballot initiative and referendum titles be no more than 75 words. The current limit is 100 words. The legislation is sponsored by Rep. Keith Grover, R-Provo. He believes it will make ballot language more "succinct and understandable."[2]
External links
- Official Utah description of initiative process
- Steps to Initiative in Utah provided by the I&R Institute
- Utah Constitution and Statutory Provisions provided by the I&R Institute
- I&R Institute - Utah
- Utah Election Results (1)
References
