Malcolm Rivera
In the United States, the process of repealing a constitutional amendment varies across states. In Utah, the state legislature may propose an amendment by securing a two-thirds vote during a single legislative session, which can then be put to a vote in the next general election. Utah voters have the power to approve or reject constitutional amendments, with a simple majority required for ratification. In the case of Amendment D, which would have allowed the legislature to repeal citizen-led ballot initiatives, voters successfully challenged the amendment in court, demonstrating their ability to shape the state's constitution and protect their rights.
| Characteristics | Values |
|---|---|
| Number of constitutional amendments referred to the ballot from 2000 to 2022 | 40 |
| Number of amendments approved by voters | 35 |
| Number of amendments rejected by voters | 5 |
| Average number of amendments on the ballot | 3-4 |
| Requirement for the state legislature to refer an amendment to the ballot | Two-thirds vote during one legislative session |
| Senate vote on February 28, 2023 | 22-6 |
| House vote on March 3, 2023 | 57-17 |
| House Bill 54 | Passed with a vote of 50-11 |
| Senate vote on House Bill 54 | 22-6 |
| Constitutional amendment to repeal initiatives and prohibit foreign influence | Passed on August 21, 2024 |
| Ballot date for the above amendment | November 5, 2024 |
| Required voter support for the above amendment to take effect | Majority |
| Number of states requiring supermajority legislative support for amendments | 25 |
| Number of states requiring majority legislative support for amendments | 10 |
| Number of states requiring voter approval for amendments | 17 |
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What You'll Learn
Utahns' right to truthful ballot language
In Utah, the process of repealing a constitutional amendment by vote involves several steps and requirements. Firstly, both chambers of the state legislature need to pass a constitutional amendment by a two-thirds vote during a single legislative session to refer it to the ballot. This means that the amendment must be approved by a supermajority in both the state Senate and the House.
Once an amendment is passed by the legislature, it is then referred to the ballot for voter approval. Utah has a strong history of voter engagement on constitutional amendments, with 40 amendments referred to the ballot between 2000 and 2022, and an average of three to four amendments appearing on the general election ballot during this period.
However, it's important to note that Utahns have the right to truthful ballot language and proper notice for proposed constitutional amendments. This right was reaffirmed by the Utah Supreme Court in a ruling on Amendment D, where they agreed with voters that the amendment's language was misleading and violated the Utah Constitution. The court's decision preserved the balance of power in the state and prevented the legislature from overruling the will of the voters.
The ruling on Amendment D set a precedent for truthful ballot language and voter rights in Utah. It underscored the importance of providing clear and accurate information to voters, ensuring that they can make informed decisions when casting their ballots. This right to truthful ballot language is a crucial aspect of Utah's democratic process and helps to hold the government accountable to its citizens.
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The role of the Utah Supreme Court
The Utah Supreme Court plays a crucial role in safeguarding the integrity of the constitutional amendment process and protecting the rights of voters. This is evident in the League of Women Voters v. Utah State Legislature case, where the Court upheld the principle that the Legislature could not unilaterally repeal or replace a voter-approved initiative, Proposition 4, which aimed to establish an independent redistricting commission and prevent partisan gerrymandering.
The Utah Supreme Court's decision in the League of Women Voters case set a significant precedent. It affirmed that the Legislature's power to amend or repeal citizen initiatives that reform the government is limited. The Court recognised the people's inherent right to initiate government reforms through initiatives, protecting them from legislative interference. This ruling ensured that any legislative alterations to a government-reform initiative must not compromise the essence of the reform and should be narrowly tailored to serve a compelling government interest.
In another instance, the Utah Supreme Court upheld a district court's decision to void Amendment D, which aimed to grant the Legislature unrestricted authority to amend or repeal any initiative, including those reforming the government. The Court agreed with critics that the ballot language was misleading and inaccurate, as it suggested enhancing voters' ability to amend laws when, in reality, it sought to expand the Legislature's power. This ruling emphasised the necessity of transparent and precise ballot language to prevent voter deception.
The Court's rulings in these cases demonstrate its commitment to upholding democratic principles, ensuring legislative accountability, and protecting voters' rights. By striking down Amendment D and upholding the integrity of voter-approved initiatives, the Utah Supreme Court has played a pivotal role in shaping the state's constitutional landscape and reinforcing the power of citizens in the amendment process.
Furthermore, the Utah Supreme Court's interpretation of the state constitution carries significant weight, as evidenced in its ruling on Amendment D. The Court's interpretation of the constitution sets a precedent and provides guidance for future legislative actions and ballot initiatives. This interpretive role is crucial in maintaining the balance of power between the Legislature and the citizens of Utah.
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The legislative process for proposing amendments
Once an amendment is introduced, it undergoes a similar process to regular bills, including public committee meetings and floor debates. For instance, Utah House Bill 54, which aimed to reduce income tax rates and repeal the state sales tax on food, was passed with a partisan vote, receiving support from Republicans and opposition from Democrats. The bill passed in the Senate by a vote of 22-6 and in the House by a vote of 50-11.
To illustrate the legislative process, consider the Utah Constitutional Requirements for Education Funding Amendment, certified for the ballot on November 5, 2024. The amendment was introduced as Senate Joint Resolution 10 on February 17, 2023. The state Senate approved it on February 28, 2023, with a vote of 22-6, and the House approved an amended version on March 3, 2023, by a vote of 57-17.
It is worth noting that proposed amendments may face legal challenges. For instance, in 2024, a lawsuit was filed against the Utah Legislature regarding the repeal and replacement of Proposition 4, a voter-approved initiative. The court ruled that the legislature could not unilaterally repeal or replace initiatives meant to reform the government, upholding the people's right to initiate such reforms.
Additionally, there are specific requirements that must be met for an amendment to be certified for the ballot. In the case of Utah Amendment A, it was decertified due to a failure to publish the measure in a state newspaper 60 days before the election, as mandated by the state constitution. This resulted in votes on the measure not being counted, despite its inclusion on the ballots.
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Voter approval of amendments
In the United States, the process of amending a state constitution varies across states. In Utah, a legislatively referred constitutional amendment must be passed by a two-thirds vote in both chambers of the state legislature during a single legislative session before it can be referred to the ballot. This process has been utilised numerous times, with 40 constitutional amendments referred to the ballot between 2000 and 2022, of which 35 were approved by voters.
However, the power of voters to approve amendments has been a contentious issue in Utah. In 2024, the Republican-led Legislature passed a constitutional amendment that would grant lawmakers the explicit power to amend or repeal citizen-led ballot initiatives. This amendment was a response to the Utah Supreme Court's ruling in League of Women Voters v. Utah State Legislature, which affirmed the right of citizens to reform their government through ballot initiatives. The court ruled that the Legislature could not "rescind critical Proposition 4 reforms", which included the creation of an independent redistricting commission to prevent partisan gerrymandering.
Despite the Legislature's attempt to reclaim power, the ultimate decision rests with Utah voters, who will have the final say on the amendment in a November 5, 2024, ballot measure. If approved by voters, the amendment would give the Legislature the authority to amend or repeal any initiative passed by voters, effectively undoing the assurances that voter-approved initiatives cannot be undone. This amendment also seeks to ban foreign influence in ballot measure elections, prohibiting foreign individuals, entities, or governments from involvement in initiatives and referendums.
The voter approval process for amendments in Utah aligns with the broader trend across the United States, where most states require a simple majority of voters to ratify amendments. However, some states, like Nevada, impose additional requirements, such as approval by a majority of voters in two consecutive elections. The specifics of the amendment process vary, but the principle of voter approval remains a fundamental aspect of constitutional reform in the United States.
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The impact of partisan politics
Partisan politics has had a significant impact on the process of repealing a constitutional amendment by vote in Utah. The state's Republican legislators have proposed a constitutional amendment that would explicitly grant them the authority to repeal or amend any ballot initiative, past or future. This proposal is in response to a Utah Supreme Court ruling that found the Legislature's repeal and replacement of Proposition 4, a 2018 voter-approved initiative on redistricting, unconstitutional. The ruling asserted that the Legislature must respect the will of the people and cannot infringe on their constitutional right to pass government reform initiatives.
The proposed amendment, known as Amendment D, has sparked controversy and fears of political backlash among Utah Republicans. They argue that the Supreme Court ruling disrupts the balance of a representative republic and opens the door to "California-style governance," where outside money influences laws that may not reflect the values of Utah citizens. However, opponents of the amendment frame it as a power grab, claiming that it aims to silence the voice of the people and take away their constitutional right to initiate laws.
Past polling in Utah has shown strong public support for the initiative process and opposition to legislative interference. This is further evidenced by the fact that between 2000 and 2022, Utah voters approved 35 out of 40 constitutional amendments referred to the ballot, demonstrating their active engagement in the legislative process. The partisan divide is evident in voting records, such as in the case of Utah House Bill 54, where Republicans voted in favor and Democrats against.
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Frequently asked questions
In Utah, voters can repeal a constitutional amendment by a majority vote in a general election.
The first step is to have the amendment qualify for the ballot, which can be done through a citizen-initiative process or by having the state legislature refer the amendment to the ballot.
Once an amendment qualifies for the ballot, it must be ratified by a simple majority of voters in most states, and by a supermajority of voters in some states.
Yes, citizens can propose amendments through a citizen-initiative process. However, supporters of the amendment may need to collect signatures equal to a certain percentage of votes cast in the last gubernatorial election.
Yes, in August 2024, Republican lawmakers voted to pass an amendment to assert their right to repeal citizen-led ballot initiatives. This amendment was in response to the Utah Supreme Court's ruling in League of Women Voters v. Utah State Legislature, where the court upheld voters' rights to truthful ballot language and proper notice for proposed constitutional amendments.
