The State Constitutional Convention Clearinghouse

Constitutional Provisions

Color Code: Highlights in red; Majority requirements in bold.

Article XXIII
AMENDMENT AND REVISION

Section 1. [Amendments: proposal, election.]
Any amendment or amendments to this Constitution may be proposed in either house of the Legislature, and if two-thirds of all the members elected to each of the two houses, shall vote in favor thereof, such proposed amendment or amendments shall be entered on their respective journals with the yeas and nays taken thereon; and the Legislature shall cause the same to be published in at least one newspaper in every county of the state, where a newspaper is published, for two months immediately preceding the next general election, at which time the said amendment or amendments shall be submitted to the electors of the state for their approval or rejection, and if a majority of the electors voting thereon shall approve the same, such amendment or amendments shall become part of this Constitution.

The revision or amendment of an entire article or the addition of a new article to this Constitution may be proposed as a single amendment and may be submitted to the electors as a single question or proposition. Such amendment may relate to one subject, or any number of subjects, and may modify, or repeal provisions contained in other articles of the Constitution, if such provisions are germane to the subject matter of the article being revised, amended or being proposed as a new article.

Section 2. [Revision of the Constitution.]
Whenever two-thirds of the members, elected to each branch of the Legislature, shall deem it necessary to call a convention to revise or amend this Constitution, they shall recommend to the electors to vote, at the next general election, for or against a convention, and, if a majority of all the electors, voting at such election, shall vote for a convention, the Legislature, at its next session, shall provide by law for calling the same. The convention shall consist of not less than the number of members in both branches of the Legislature.

Section 3. [Submission to electors.]
No Constitution, or amendments adopted by such convention, shall have validity until submitted to, and adopted by, a majority of the electors of the State voting at the next general election.

Article VI
LEGISLATIVE DEPARTMENT

Section 1. [Power vested in Senate, House, and People.]
(1) The Legislative power of the State shall be vested in:
(a) a Senate and House of Representatives which shall be designated the Legislature of the State of Utah; and
(b) the people of the State of Utah as provided in Subsection (2).
(2) (a) (i) The legal voters of the State of Utah, in the numbers, under the conditions, in the manner, and within the time provided by statute, may:
(A) initiate any desired legislation and cause it to be submitted to the people for adoption upon a majority vote of those voting on the legislation, as provided by statute; or
(B) require any law passed by the Legislature, except those laws passed by a two-thirds vote of the members elected to each house of the Legislature, to be submitted to the voters of the State, as provided by statute, before the law may take effect.
(ii) Notwithstanding Subsection (2)(a)(i)(A), legislation initiated to allow, limit, or prohibit the taking of wildlife or the season for or method of taking wildlife shall be adopted upon approval of two-thirds of those voting.
(b) The legal voters of any county, city, or town, in the numbers, under the conditions, in the manner, and within the time provided by statute, may:
(i) initiate any desired legislation and cause it to be submitted to the people of the county, city, or town for adoption upon a majority vote of those voting on the legislation, as provided by statute; or
(ii) require any law or ordinance passed by the law making body of the county, city, or town to be submitted to the voters thereof, as provided by statute, before the law or ordinance may take effect.

Utah Statutes

20A-7-201. Statewide initiatives — Signature requirements — Submission to the Legislature or to a vote of the people.
(a) A person seeking to have an initiative submitted to the Legislature for approval or rejection shall obtain:
(i) legal signatures equal to 5% of the cumulative total of all votes cast for all candidates for governor at the last regular general election at which a governor was elected; and
(ii) from each of at least 20 counties, legal signatures equal to 5% of the total of all votes cast in that county for all candidates for governor at the last regular general election at which a governor was elected.
(b) If, at any time not less than ten days before the beginning of an annual general session of the Legislature, the lieutenant governor declares sufficient any initiative petition that is signed by enough voters to meet the requirements of this Subsection (1), the lieutenant governor shall deliver a copy of the petition and the cover sheet required by Subsection
(1)(c) to the president of the Senate, the speaker of the House, and the director of the Office of Legislative Research and General Counsel.
(c) In delivering a copy of the petition, the lieutenant governor shall include a cover sheet that contains:
(d) the cumulative total of all votes cast for all candidates for governor at the last regular general election at which a governor was elected;
(ii) the total of all votes cast in each county for all candidates for governor at the last regular general election at which a governor was elected;
(iii) the total number of certified signatures received for the submitted initiative; and
(iv) the total number of certified signatures received from each county for the submitted initiative.
(2)(a) A person seeking to have an initiative submitted to a vote of the people for approval or rejection shall obtain:
(i) legal signatures equal to 10% of the cumulative total of all votes cast for all candidates for governor at the last regular general election at which a governor was elected; and
(ii) from each of at least 20 counties, legal signatures equal to 10% of the total of all votes cast in that county for all candidates for governor at the last regular general election at which a governor was elected.
(b) If, at any time not less than four months before any regular general election, the lieutenant governor declares sufficient any initiative petition that is signed by enough legal voters to meet the requirements of this subsection, the lieutenant governor shall submit the proposed law to a vote of the people at the next regular general election.
(3) The lieutenant governor shall provide the following information from the official canvass of the last regular general election at which a governor was elected to any interested person:
(a) the cumulative total of all votes cast for all candidates for governor;
and
(b) for each county, the total of all votes cast in that county for all
candidates for governor.

20A-7-202. Statewide initiative process — Application procedures — Time to gather signatures — Grounds for rejection.
(1) Persons wishing to circulate an initiative petition shall file an application with the lieutenant governor.
(2) The application shall contain:
(a) the name and residence address of at least five sponsors of the initiative petition;
(b) a statement indicating that each of the sponsors:
(i) is a resident of Utah; and
(ii) has voted in a regular general election in Utah within the last three years;
(c) the signature of each of the sponsors, attested to by a notary public;
and
(d) a copy of the proposed law.
(3) The application and its contents are public when filed with the lieutenant governor.
(4)(a) The sponsors shall qualify the petition for the regular general election ballot no later than the second regular general election after the application is filed.
(b) If the sponsors fail to qualify the petition for that ballot, the sponsors must:
(i) submit a new application;
(ii) obtain new signature sheets; and
(iii) collect signatures again.
(5) The lieutenant governor shall reject the application and not issue
circulation sheets if:
(a) the law proposed by the initiative is patently unconstitutional;
(b) the law proposed by the initiative is nonsensical; or
(c) the proposed law could not become law if passed.

Article I
DECLARATION OF RIGHTS

Section 1. [Inherent and inalienable rights.]
All men have the inherent and inalienable right to enjoy and defend their lives and liberties; to acquire, possess and protect property; to worship according to the dictates of their consciences; to assemble peaceably, protest against wrongs, and petition for redress of grievances; to communicate freely their thoughts and opinions, being responsible for the abuse of that right.

Section 2. [All political power inherent in the people.]
All political power is inherent in the people; and all free governments are founded on their authority for their equal protection and benefit, and they have the right to alter or reform their government as the public welfare may require.

Section 25. [Rights retained by people.]
This enumeration of rights shall not be construed to impair or deny others retained by the people.

Section 27. [Fundamental rights.]
Frequent recurrence to fundamental principles is essential to the security of individual rights and the perpetuity of free government.

Source: Utah Constitution