Jonah Patel
The Utah Constitution has been amended 134 times since 1896, with voters approving two new amendments as recently as November 5, 2024. The process of amending the Utah Constitution involves a two-thirds majority vote in both the Utah House of Representatives and the State Senate, followed by approval from a simple majority of voters. Notable amendments include the 1970 Gateway Amendment, which allowed for more significant changes across multiple sections of the constitution, and the 2020 amendment guaranteeing the right to hunt and fish. Other amendments have addressed issues such as education funding, marriage definitions, and the state's approach to governance and executive power.
| Characteristics | Values |
|---|---|
| Number of amendments since 1896 | 134 |
| First step to amend constitution | Two-thirds majority vote in both legislative chambers |
| Second step to amend constitution | Approved by a simple majority of voters |
| Legislative body that can propose amendments | Legislature |
| Minimum votes required in Utah House of Representatives | 50 |
| Minimum votes required in Utah State Senate | 20 |
| Number of amendments from 1998 to 2024 | 43 |
| Number of amendments from 1902 to 1930 | 11 |
| Number of amendments from 1992 to 2020 | 45 |
| Year of "Gateway Amendment" | 1970 |
| Year of amendment to preserve the right to hunt and fish | 2020 |
| Year of amendment defining marriage as between a man and a woman | 2004 |
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What You'll Learn
Legislative or convention-referred amendment
The Utah Constitution can be amended through a legislative or convention-referred constitutional amendment, both of which require voter approval.
For a legislative amendment, a two-thirds majority vote is required in both the Utah House of Representatives and the State Senate during a single legislative session. This amounts to a minimum of 50 votes in the House and 20 in the Senate, assuming no vacancies. Once this threshold is met, the proposed amendment is placed on the ballot for voter approval. This process does not require the governor's signature.
The Utah Legislature can also propose the calling of a new constitutional convention through a two-thirds majority vote in each house. The proposal for a convention must then be approved by a majority of electors. If approved, a ballot question about whether to hold a convention is placed before the voters.
Only once, in 1966, has the Utah Legislature voted to call a constitutional convention, but it was rejected by voters.
Utah's constitution has been amended frequently, with voters approving two new amendments as recently as November 5, 2024.
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Two-thirds majority vote in both houses
The Utah Constitution can be amended with a legislative or convention-referred constitutional amendment, and both methods require voter approval. To amend the Utah Constitution through a legislative amendment, a two-thirds majority vote in both houses of the Legislature is required to place a constitutional amendment on the ballot. This amounts to a minimum of 50 votes in the Utah House of Representatives and 20 votes in the Utah State Senate, assuming no vacancies. The proposed amendment must then be approved by a simple majority of voters casting votes on the amendment.
The legislature may also, by a two-thirds majority vote of each house, propose the calling of a new constitutional convention. This proposal must then be approved by a majority of electors. Only once, in 1966, has the Utah Legislature voted to call a constitutional convention, but it was rejected by voters.
Utah's constitution has been amended frequently, with voters approving 43 amendments between 1998 and 2024. The most recent amendments were approved on November 5, 2024, when voters approved two amendments.
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Voter approval
The Utah Constitution can be amended with a legislative or convention-referred constitutional amendment, but both processes require voter approval. A two-thirds majority vote in both the Utah House of Representatives and the Utah State Senate is required during a single legislative session for a constitutional amendment to be placed on the ballot. This amounts to a minimum of 50 votes in the House and 20 in the Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Once a proposed amendment has passed the two-thirds majority vote in both houses, it must then be approved by a simple majority of voters casting votes on the amendment. This is known as voter ratification. Voter ratification can also be achieved through a constitutional convention, which requires a two-thirds majority vote of each house to propose calling one, and the proposal must then be approved by a majority of electors.
Utahns have frequently amended their constitution, with 134 amendments since 1896, and only 19 states have amended their constitutions more often. Amendments have addressed a wide range of issues, from education funding to hunting and fishing rights, and the process of amending the Utah Constitution allows for substantive changes to be made when necessary.
Utah voters have shown a strong willingness to approve amendments, with 43 amendments approved between 1998 and 2024, and only 7 rejected during that period. This suggests that the process of amending the Utah Constitution is responsive to the needs and preferences of the state's citizens.
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Constitutional convention
The Utah Constitution can be amended through a legislative or convention-referred process, both of which require voter approval. A convention-referred amendment begins with the proposal of a constitutional convention by a two-thirds majority vote of each house in the legislature. This proposal must then be approved by a majority of electors. If the proposal for a convention is approved, the resulting constitutional amendment must be ratified by voters.
Utah has a long history of amending its constitution, with 132-134 amendments since its statehood in 1896. However, Utah has never held a revision convention, and in the single instance of a constitutional convention being proposed in 1966, voters rejected it.
The process of amending the Utah Constitution through a convention provides a mechanism for more sweeping changes to the constitution. This process allows for multiple sections of the constitution to be addressed and amended simultaneously.
To ensure the successful amendment of the Utah Constitution through a convention, several critical steps must be followed. Firstly, a ballot question about holding a convention must secure a two-thirds majority vote in the Utah State Legislature to be placed on the ballot. This amounts to a minimum of 50 votes in the Utah House of Representatives and 20 votes in the Utah State Senate. Once the proposal for a convention is approved by a majority of electors, the focus shifts to drafting specific constitutional amendments. These amendments are then put before the voters for ratification, requiring a simple majority of votes in favour of the changes.
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The Gateway Amendment
While the Gateway Amendment made it easier to enact broad constitutional changes, it still maintained important safeguards to prevent hasty or impulsive amendments. The requirement for a two-thirds majority in both legislative houses ensures that any proposed amendment has substantial support and consensus among lawmakers. Additionally, seeking ratification from a majority of electors guarantees that the amendment aligns with the will of the people and protects against any potential abuse of power by the legislature.
The impact of the Gateway Amendment was evident in the increased pace of constitutional amendments in Utah. Since its inception, the Utah Constitution has been amended 134 times, with frequent amendments leaving little of the original text intact. The ability to amend multiple sections with a single amendment, enabled by the Gateway Amendment, has likely contributed to this high amendment count.
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Frequently asked questions
A proposed amendment must first pass a two-thirds vote in both houses of the Legislature, then be approved by a simple majority of voters casting votes on the amendment.
The Utah Constitution has been amended 134 times since 1896.
Notable amendments include the "Gateway Amendment" in 1970, which allowed for constitutional amendments to implement changes across multiple sections, and the 2020 amendment, which guaranteed the right to hunt and fish in the state.
