Amendment B has been called a power grab, but the facts tell a different story. Compared with other states, Utah’s initiative process is not unusually restrictive. And when looking at past initiatives, a case can be made that the legislature is often responsive to public pressure. What has changed is the nature of the initiatives themselves, and changed circumstances call for a changed process.
Do all states have an initiative process? No. Only 21 states allow citizens to propose laws by initiative.
Is Utah’s signature threshold a lot higher than other states? No, it’s comparable. Utah requires signatures from 8% of active voters, and Nebraska requires 7% of registered voters for a law. Several states set the bar higher. Arizona, Alaska and Nevada require 10% of votes cast, and Wyoming requires 15%.
Do other states require signatures from all around the state like Utah? Yes. Seventeen states require signatures to be spread around the state, by legislative district, county, or congressional district.
Do other states require a supermajority to pass initiatives? Yes, there are a few. Arizona voters approved a 60% requirement for tax-related ballot measures in 2022. Utah itself has required a two-thirds vote for hunting and wildlife initiatives since 1998.
Since other states have similar requirements, do they also pass very few initiatives? Surprisingly, Utah is an outlier here. Oregon and California have each voted on more than 400 initiatives, and Colorado on more than 270. Utah has seen just 23 reach the ballot since the 1950s, and only seven have passed.
Since other states appear to have roughly equal barriers, why does Utah pass so few? This is somewhat subjective, but a few things seem apparent. First, despite some vocal opposition, most Utahns seem to believe the legislature is keeping the public trust. Second, several initiatives have been pulled by their sponsors after working out a compromise with legislative leadership. This rarely makes headlines. Examples include a 2018 education tax increase and a 2014 change to how parties nominate candidates. In other cases, the legislature responded to an initiative by passing its own reforms. A 2010 ethics initiative, for instance, led to an independent ethics commission that voters later approved. All of this points to a legislature that is responsive to the public and willing to reach a good compromise.
So what has changed? Why is the legislature putting forth Amendment B? The amendment would raise the threshold to 60% for initiatives that create a new tax, expand an existing tax, or raise a tax rate. A couple of things stand out.
First, the idea that initiatives are a grassroots, bottom-up effort is long past. Groups with views far different from most Utahns have raised well over a million dollars to defeat Amendment B. We can see the same thing happening in neighboring states. Idaho has an initiative on the ballot to legalize elective abortion. Nevada is voting a second time on enshrining abortion rights in its constitution. Both campaigns have drawn significant support from national groups and out-of-state donors. Other initiatives may well make their way to Utah. California, for example, is voting next week on Proposition 40, a one-time 5% tax on the net worth of its billionaires.
Second, in 2024 the Utah Supreme Court issued what can only be called a novel ruling. It shields initiatives that reform government from legislative changes that would impair them. Other states that protect initiatives do so through explicit constitutional language adopted by voters. Utah’s protection came from a court’s reading of a general clause. This may well set a precedent for further such rulings. It will certainly give outside groups a blueprint for crafting initiatives that are difficult to alter.
This makes Amendment B all the more important. It’s by no means a power grab by the legislature, as it has been so dishonestly portrayed. The legislature is not granting itself any additional authority at all. It is, quite simply, a way of protecting taxpayers from well-packaged, deceptively worded campaigns that are always long on promises and short on delivery.
I am gladly voting for Amendment B. I would also strongly encourage the legislature to put a proposal on the ballot holding itself to the same 60% threshold.
Brad Daw
Sources
- Ballotpedia: Initiated state statute
- Ballotpedia: Number of signatures required for ballot initiatives
- Ballotpedia: Signature distribution requirements
- Ballotpedia: Arizona Proposition 132 (2022)
- Ballotpedia: Initiative states compared by number of initiatives
- Ballotpedia News: Utah legislature refers 60% amendment to 2026 ballot
- Ballotpedia: Utah Income and Sales Tax Increase for Public Education Initiative (2018)
- KSL: Count My Vote ends initiative drive (2014)
- Deseret News: Utah Legislature ethics reform package (2010)
- Ogden Valley News: Amendment B campaign finance
- Idaho Capital Sun: Prop 1 fundraising
- Ballotpedia: Nevada Question 6 (2026)
- Ballotpedia News: California billionaire’s tax qualifies for ballot
- Utah Supreme Court: League of Women Voters v. Utah State Legislature (2024)
- Ballotpedia: Legislative alteration of initiatives