Omar Bennett
Utah voters are faced with a decision on Amendment C, a ballot measure that would change the Utah Constitution to ensure the county sheriff remains an elected position. Currently, sheriffs in Utah are brought into office via election, but this proposed amendment aims to ratify this process into the state constitution. The amendment would specify that each county shall have an office of county sheriff, and the sheriff would be elected to serve a four-year term. This change has been of great importance to the state's sheriffs, who want to ensure that the only law enforcement position elected by the people remains in place. Some supporters of the amendment argue that it will create a more supportive community between civilian voters and those involved in Utah's state government positions. However, opponents are concerned that elevating sheriffs to constitutional officers could give them more power than state and federal courts. With no known opposition to Amendment C and bipartisan unanimous support in the legislature, it remains to be seen whether Utah voters will choose to enshrine the election of sheriffs in their state constitution.
| Characteristics | Values |
|---|---|
| What is Amendment C? | A ballot measure that would change the Utah Constitution to ensure the county sheriff remains an elected position. |
| Who supports Amendment C? | Utah County Sheriff Mike Smith, Salt Lake County Sheriff Rosie Rivera, former House Speaker Brad Wilson, Senate President Stuart Adams, State Rep. Brad Wilson, State Rep. Carl Albrecht, and Jim Winder (former Salt Lake County sheriff and former Moab police chief). |
| Who opposes Amendment C? | None identified. |
| What is the current status of Amendment C? | One of two amendments to be voted on by Utahns in the 2024 election. |
| When will the vote take place? | November 5, 2024. |
| How can people vote? | By mail, in person at a polling location, or by using a secure ballot drop box. |
| What is the expected outcome? | According to Jim Winder, "it’s going to pass significantly." A Noble Insights poll found that 51% of Utahns support the amendment. |
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What You'll Learn
- Utah's Amendment C proposes to enshrine the election of sheriffs in the state constitution
- The amendment would not alter the current procedures for selecting sheriffs
- Some are concerned that sheriffs will feel emboldened and have more power than state and federal courts
- The amendment has bipartisan unanimous support in the legislature
- Other states have already made this change in their constitutions
Utah's Amendment C proposes to enshrine the election of sheriffs in the state constitution
Supporters of the amendment argue that enshrining the election of sheriffs in the state constitution will reinforce the principles of citizen participation and strengthen the bond between law enforcement and the public. It is believed that this will create a more supportive community between civilian voters and those involved in Utah's state government positions. It also ensures that sheriffs are directly accountable to their communities, enhancing transparency, accountability, and representation.
Some concerns have been raised about the status of the power sheriffs would have if Amendment C is passed. Opponents worry that elevating sheriffs to constitutional officers in the state constitution may lead to sheriffs having more final command than state and federal courts.
Utah voters will decide on Amendment C on November 5, 2024, along with Amendment B, which deals with state trust lands and public education funding.
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The amendment would not alter the current procedures for selecting sheriffs
Utah's Amendment C, which was on the ballot for the November 2024 election, aimed to enshrine the election of county sheriffs in the state constitution. This means that, if passed, the amendment would not alter the current procedures for selecting sheriffs, but rather reinforce them.
Currently, sheriffs in Utah are brought into office via election. However, this process is not yet enshrined in the state constitution. The proposed amendment would elevate the position of sheriff to a state constitutional officer, ensuring that sheriffs are directly accountable to their communities. This, in turn, enhances transparency, accountability, and representation.
Supporters of the amendment argue that it is important for voters to have a say in who their county's chief law enforcement officer is. They believe that the amendment would create an opportunity for Utah voters to determine whether or not they want to protect the election of sheriffs in their state constitution.
It is worth noting that there is some concern about the potential status of the power sheriffs would have if Amendment C is passed. Opponents worry that by elevating sheriffs to constitutional officers, they may feel emboldened to determine the law in their respective states, which could lead to sheriffs having more final command than state and federal courts.
However, Utah County Sheriff Mike Smith, who also serves as the president of the Utah Sheriffs' Association, has stated that the change would not give sheriffs any new powers they don't already have. The amendment's simple language aims to protect the office of the sheriff as an elected position in the constitution.
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Some are concerned that sheriffs will feel emboldened and have more power than state and federal courts
Utah's Amendment C, which proposes to enshrine the election of county sheriffs in the state constitution, has sparked concerns about the potential concentration of power in the hands of sheriffs. Some worry that elevating sheriffs to constitutional officers could embolden them and grant them more authority than state and federal courts. This concern stems from the belief that constitutional sheriffs may assert their power to determine the law in their respective states, as attorney Darcy Goddard points out.
While supporters of Amendment C argue that it reinforces citizen participation and strengthens the bond between law enforcement and the public, opponents fear the potential implications of enhancing the sheriff's role. They worry that sheriffs, as constitutional officers, could assume a level of authority that surpasses that of state and federal courts. This dynamic could disrupt the balance of power and potentially lead to conflicts over jurisdiction and the interpretation of laws.
The impact of Amendment C on the power dynamics between sheriffs and the courts is a significant point of contention. Critics worry that sheriffs, emboldened by their constitutional status, may act with a sense of impunity and assert their authority over the courts. This could create a complex legal landscape where the interpretation and enforcement of laws become subject to the discretion of individual sheriffs, rather than the established framework of the state and federal courts.
However, supporters of Amendment C, like Utah County Sheriff Mike Smith, argue that the change will not grant sheriffs any new powers. They emphasize that the amendment's purpose is to protect the existing practice of electing sheriffs and ensure they remain accountable to their communities. Nevertheless, critics remain cautious about the potential for abuse of power and the implications for the state's legal framework if sheriffs are perceived to have more authority than the courts.
The debate surrounding Amendment C highlights the delicate balance between ensuring public participation in law enforcement and maintaining a clear separation of powers. While the amendment aims to strengthen the connection between sheriffs and their communities, critics urge caution to prevent any unintended consequences that could disrupt the established legal hierarchy and grant sheriffs a level of authority that surpasses that of the state and federal courts.
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The amendment has bipartisan unanimous support in the legislature
Amendment C in Utah, which proposes to enshrine the election of county sheriffs in the state constitution, has received unanimous bipartisan support in the legislature. 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.
The amendment aims to reinforce the principles of citizen participation and strengthen the bond between law enforcement and the public. According to Stuart, "Ensuring sheriffs are directly accountable to their communities enhances transparency, accountability and representation."
Currently, sheriffs in Utah are brought into office via election, and the amendment seeks to ratify this process into the state constitution. By elevating the position to a state constitutional officer, the amendment provides clarity and security regarding the election of sheriffs.
While there is support for the amendment among legislators and some members of law enforcement, there are also concerns about the potential concentration of power for sheriffs if Amendment C is passed. Some worry that elevating sheriffs to constitutional officers may lead to sheriffs having more authority than state and federal courts.
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Other states have already made this change in their constitutions
Several other states have already enshrined the election of county sheriffs in their constitutions. In 1776, Pennsylvania and New Jersey established the election of county sheriffs. In 2022, Kansas voters approved an amendment requiring the election of county sheriffs in counties that had not abolished the office as of January 2022. The ballot measure passed with 62% of the vote.
In contrast, some states have moved towards appointing sheriffs rather than electing them. In November 2000, Connecticut approved a measure to remove county sheriffs as constitutional officers. Similarly, in November 2020, King County in Washington approved an amendment to change the office of the sheriff from an elected to an appointed position.
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Frequently asked questions
Amendment C is a ballot measure that proposes to change the Utah Constitution to ensure that the county sheriff remains an elected position.
The purpose of Amendment C is to ensure that sheriffs are directly accountable to their communities, enhancing transparency, accountability, and representation.
Currently, sheriffs in Utah are brought into office via election. However, Amendment C aims to ratify this process into the state constitution, elevating the position of sheriff to a state constitutional officer.
