Understanding Statewide Referendums in Utah: A Citizen's Guide
A statewide referendum in Utah is a powerful tool that allows voters to have the final say on laws passed by the state legislature. This process can be initiated through a publicly sponsored petition, giving citizens the chance to approve or reject a law during the general election. Here is a step-by-step guide on how this process works:
Step 1: Determine if the Law is Subject to a Referendum
Not all laws can be challenged through a referendum. Laws passed by a two-thirds majority in both the Utah House and Senate are exempt. However, any other law passed by the Utah Legislature can be subject to a referendum.
Despite these warnings, political parties became an integral part of the American political landscape. However, the founders’ apprehensions about parties becoming vehicles for divisive and self-serving interests remain relevant. This is particularly evident in the way Utah’s current caucus-convention system operates.
Step 2: Determine the Referendum’s Signature Requirement
To get a referendum on the ballot, sponsors must gather signatures from 8% of active voters statewide and in at least 15 of the 29 Senate Districts. These numbers are recalculated every odd-numbered year.
Step 3: File an Application with the Lieutenant Governor’s Office
The application to start a referendum must be filed within five calendar days after the legislative session ends. It needs to include the names, addresses, and notarized signatures of at least five sponsors who are registered voters, along with a copy of the law being challenged.
Step 4: Compile and Print Petition Packets
Once the application is approved, the Lieutenant Governor’s Office provides a petition packet template. Sponsors must print and bind these packets according to specific guidelines, ensuring they are properly formatted and numbered.
Step 5: Obtain Signatures
Sponsors can collect signatures from registered voters either on paper or electronically. It’s advisable to gather more signatures than required to account for any disqualifications. Petition circulators must meet certain age and residency requirements and follow strict rules about verifying signatures.
Step 6: Submit Signatures for Verification
Signatures must be submitted to county clerks for verification within specific timeframes—either 30 days after the first signature or 40 days after the legislative session ends. The signatures are then posted online for public viewing for at least 45 days.
Step 7: Signature Verification and Removal
County clerks verify signatures based on state standards. Voters can request to remove their signatures if desired. Updated signature totals are regularly posted by the Lieutenant Governor’s Office.
Step 8: Evaluation by the Lieutenant Governor
After signature verification, the Lieutenant Governor declares whether the petition is sufficient. If so, the governor will issue an executive order to either call a special election or place the referendum on the next regular general election ballot.
Step 9: Drafting the Ballot Title
An impartial title and summary are prepared for the referendum. This helps voters understand the issue clearly when they see it on the ballot.
Step 10: Voter Information Pamphlet
A pamphlet containing details about the referendum, including arguments for and against, is distributed to voters statewide. These arguments are prepared by appointed legislators and can be rebutted by the opposing side.
Step 11: Election and Certification of Results
The referendum is placed on the ballot, and voters can choose to vote FOR or AGAINST the law in question. The results are certified by county and state canvassers, and the governor issues a proclamation if the law is approved by a majority vote.
Key Points to Remember
The information provided here is a guide and not a substitute for the actual Utah State Code.
- For detailed legal requirements, refer to Utah State Code Title 20A Chapter 7 Part 3 for referendums and Title 20A Chapter 11 Part 8 for Political Issues Committees.
- Always consult the official codes or legal advice for comprehensive understanding and compliance.
Understanding and participating in a statewide referendum empowers Utah citizens to have a direct impact on their state’s laws, ensuring that their voices are heard in the democratic process.