Utah's Constitutional Amendment B: Should You Vote No?

should i vote no on constitutional amendment b utah

Utah voters faced a challenging decision on whether to support or oppose Constitutional Amendment B, one of four proposed amendments on the 2024 ballot. Amendment B aimed to increase the limit on annual distributions from the State School Fund to public schools from 4% to 5%. While this could potentially provide more funding for education, it's important to note that the distribution would still be determined by factors like student growth and inflation. With the preliminary results indicating approval, voters weighed in on this significant decision for Utah's educational future. However, the amendment's inclusion and the potential impact on school funding have sparked discussions and divided opinions among Utahns.

Characteristics Values
Amendment B Increase the limit on the annual distributions from the State School Fund to public schools from 4% to 5%
Voting Suggestion Vote yes on Amendment B
Reasoning Amendment B will increase the cap on the amount of funds going to state schools, though it does not guarantee that 5% of funds will go to schools.

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Amendment B would increase the limit on annual distributions from the State School Fund

Amendment B proposes to increase the limit on annual distributions from the State School Fund, an endowment created at statehood to support public schools. The current distribution cap is 4%, which meant that during the 2024 school year, schools received about $106 million. Amendment B would raise this cap to 5%, providing an additional $13 million to Utah schools.

The State School Fund is an education endowment funded by proceeds from land sales for public schools. The fund is managed by the School and Institutional Trust Funds Office (SITFO), which invests the proceeds to generate revenue for the fund's growth. Endorsed by the Utah PTA, Utah State Board of Education, and other educational associations, Amendment B has broad support from various organizations.

Utah Treasurer Marlo Oaks stated that the fund had exceeded $3.3 billion in May 2024. By raising the distribution cap, Amendment B seeks to balance funding for current and future students while maintaining the endowment's growth. The additional funding would address schools' pressing academic needs, such as improving math tutoring, expanding college prep courses, or investing in science labs.

While Amendment B would increase the distribution limit, the actual distribution amount would still be determined by a formula considering factors like student growth and inflation. This amendment ensures that current students receive their share of funds without compromising the endowment's sustainability for future generations. The Utah Legislature unanimously approved placing Amendment B on the 2024 ballot, demonstrating their support for providing more budgetary flexibility to schools.

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Amendment B would increase funding for public schools from 4% to 5%

Utah voters were asked to decide on several proposed amendments to the state constitution in November 2024. One of these was Amendment B, which proposed to increase the limit on annual distributions from the State School Fund to public schools from 4% to 5%.

Amendment B specifically refers to an increase in the limit on the annual distributions from the State School Fund, an education endowment funded by proceeds from land sales. This means that while the cap on funding for public schools would increase, the state would not automatically direct 5% of the funds to schools. The actual distribution would still be determined by a formula that considers factors such as student growth and inflation.

Supporters of Amendment B argue that it would provide more flexibility in allocating funds to public education, ensuring that schools receive the necessary resources. This could potentially lead to improvements in educational infrastructure, teacher salaries, and overall educational quality.

Opponents of Amendment B may argue that increasing the funding limit does not guarantee a direct increase in funding for public schools. There may be concerns about how the additional funds will be distributed and whether they will reach the schools and students who need them the most. Additionally, some may question the effectiveness of increasing the funding cap, especially if other factors, such as inflation, could impact the actual amount allocated to schools.

Utah voters ultimately decided to approve Amendment B, along with Amendment C, which proposed to ensure that county sheriffs remain elected roles. These amendments were considered less controversial compared to Amendments A and D, which were ruled void by courts due to issues with the constitutional public notice requirements and misleading wording on the ballot.

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Amendments A and D were ruled void by the courts

The measure was ruled invalid as it was not published in a state newspaper 60 days before the election, as required by the state constitution. The measure was printed on ballots, but votes on Amendment A would not be counted.

Amendment D was also voided by the courts, and any votes cast for it would not count. This amendment would have cemented the Utah Legislature's power over ballot initiatives, allowing the Legislature to amend or repeal citizen-passed ballot initiatives with virtually no limitation. The amendment was ruled void as the ballot language was misleading and failed to provide proper notice of a constitutional amendment to the people.

The ruling was a win for anti-gerrymandering groups and a victory for voters, who scored a win with the Utah Supreme Court ruling in their favour. The court held that the people have the right to truthful ballot language and proper notice for proposed constitutional amendments.

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Amendment C would ensure county sheriffs remain elected roles

Amendment C is a ballot measure that would change the Utah Constitution to ensure that county sheriffs remain elected positions. Utah counties already elect their sheriffs, but the amendment would enshrine this in the state constitution. The amendment was introduced in 2023 by then-Utah House Speaker Brad Wilson and Senate President Stuart Adams. It passed the state legislature with 72 votes in the House and 26 in the Senate, with no votes against it.

The amendment aims to protect the sheriff's role as the supreme law enforcement officer across the state, with authority over other entities like the BLM, Forest Service, and park service, whose law enforcement officers are not elected by the people. It would also underscore the value of law enforcement by acknowledging their role in serving and protecting the community.

However, some have questioned the urgency of this amendment, as the existing law already ensures the election of county sheriffs and sets their term length at four years. Elevating this requirement to the state constitution may be an unnecessary change that could limit flexibility in the future to adapt the process based on evolving needs or circumstances.

Early, unofficial returns indicate that Amendment C is heading toward approval, with 81.2% of voters in favor of it. If it passes, the change will take effect on January 1, 2025.

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Amendment C, which was included in the ballot after the Utah Legislature approved HJR18 in 2023, asked voters whether they wanted to ensure that county sheriffs remain roles elected by voters. The amendment is related to the controversial constitutional sheriff movement, which holds that sheriffs, because they are elected directly by the people, are beholden to no authority and can uphold the Constitution as they see fit.

The movement, which has been described as far-right and a threat to democracy, contends that sheriffs are not just law enforcement but special stewards of the U.S. Constitution. They believe that the Constitution is a religious text to be interpreted literally and that they can refuse to enforce federal, state, or local laws that they believe violate the "original Constitution," which includes the Bill of Rights (amendments one through ten). The "constitutional sheriff" movement has promoted unsubstantiated claims that the 2020 election was rigged and has threatened to interfere in elections, claiming that sheriffs have the authority to oversee election administration.

The movement has deep roots in American history, with Richard Mack, a former sheriff from Arizona, considered the founder of the movement. Mack's CSPOA is the largest organization for constitutional sheriffs and has recruited hundreds of sheriffs through trainings and rallies. While Amendment C itself is not particularly controversial, the constitutional sheriff movement has faced criticism for its efforts to mobilize local law enforcement to intervene in election administration, undermining the norm of apolitical enforcement of laws.

Frequently asked questions

Amendment B proposes to increase the limit on the annual distributions from the State School Fund to public schools from 4% to 5% of the fund.

You may want to vote no on Amendment B because it is suspected that the push for Amendment B comes from the "constitutional sheriff" movement, which claims that local elected sheriffs are the supreme law enforcement officers in every county, superior to federal law and federal agencies.

The "constitutional sheriff" movement is the idea that local elected sheriffs are the supreme law enforcement officers in every county, superior to federal law and federal agencies like the FBI or the National Park Service. There is no basis for such a theory and it has been called goofy.

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