From gender to slavery to water rights, Utah’s ballot has seven measures that would amend the Utah State Constitution. As ballots begin to hit Grand County mailboxes, Moab Sun News reporters took a look at each and boil down the meaning behind the language.
Utah Constitutional Amendment A, Gender-Neutral Constitutional Language Amendment
“Shall the Utah Constitution be amended to change words that apply to a single gender (such as the word ‘men’) to words that are not limited to a single gender (such as the word ‘persons’)?”
Some sections of the Utah State Constitution include gender-specific nouns used in a general sense — most often the terms “men,” “he,” “his” and “him.” This amendment would change these words to gender-neutral words such as “person,” “persons,” “his or hers,” and other inclusive terms.
Support: The Utah State Legislature passed this proposed amendment unanimously.
Opposition: No prominent opposition.
Constitutional Amendment B, Legislator Qualifications Amendment
Shall the Utah Constitution be amended to specify that certain requirements that a person must meet to be eligible for the office of senator or representative in the Utah Legislature apply at the time the person is elected or appointed?
When 24-year-old Jacob Penrod of Davis County ran for Utah State Senate in 2018, the county clerk’s office at first denied Penrod’s filing for candidacy based on his age. The lieutenant governor’s office clarified that Penrod should be allowed to run if he would be 25 prior to the date of taking office. This amendment would clarify that requirements for candidacy in Utah State Constitution (citizenship, age and residency among them) are judged at the time of election or appointment. As for Penrod? He lost his bid for Senate.
Support: The Utah Legislature passed this proposed amendment unanimously.
Opposition: No prominent opposition.
Utah Constitutional Amendment C, Remove Slavery as Punishment for a Crime from Constitution Amendment
“Shall the Utah Constitution be amended to make the following changes to the Utah Constitution’s ban on slavery and involuntary servitude: Remove the language that allows slavery and involuntary servitude as punishment for a crime; and clarify that the ban does not affect the otherwise lawful administration of the criminal justice system?”
The Utah State Constitution borrowed language about slavery and involuntary servitude from the U.S. Constitution’s 13th Amendment when Utah became a state, as did many states. Colorado removed these terms from its state constitution in 2018, becoming the first state to do so. New Jersey and Nebraska will also vote on similar resolutions this November.
Support: The Utah State Legislature passed this proposed amendment unanimously.
Opposition: No prominent opposition.
Utah Constitutional Amendment D, Municipal Water Resources Amendment
Shall the Utah Constitution be amended to: rewrite a provision relating to municipal water rights and sources of water supply; allow a municipality to define the boundary of the municipality’s water service area and to set the terms of water service for that area; state that a municipality is not prevented from: supplying water to water users outside the municipality’s boundary; or entering into a contract to supply water outside the municipality’s water service area if the water is more than what is needed for the municipality’s water service area; and modify the basis upon which a municipality is allowed to exchange water rights or sources of water supply?
Currently, over fifty communities across Utah supply water to people in unincorporated areas outside their boundaries, according to Utah House Rep. Joel Briscoe (D-District 25). The Utah State Constitution currently does not address this issue and does not protect those customers. Although the service area of a municipality may differ from the boundaries of the actual municipality, creating contracts for residents outside of the area would protect their water rights by better defining the service agreements. This bill would require municipalities to define their water service area, create contracts to provide water beyond their service area and charge reasonable rates both in and out of the service areas.
Support: The amendment has bipartisan support and supporting legislation to this amendment passed unanimously.
Opposition: No prominent opposition.
Utah Constitutional Amendment E, Right to Hunt and Fish Amendment
Shall the Utah Constitution be amended to: preserve the individual right to hunt and to fish, including the right to use traditional hunting and fishing methods subject to certain regulation; and establish public hunting and fishing as the preferred way of managing and controlling wildlife?
Amendment E, sponsored by Utah House Rep. Casey Snider (R-District 5), proposes that an amendment be added to the Utah Constitution to enshrine “traditional hunting and fishing methods” and establish hunting and fishing as the preferred way to manage wildlife populations throughout the state. Twenty-two other states have similar language in their constitutions.
Support: Proponents say that hunting and fishing are “natural rights” that are necessary to protect. The amendment’s text is similar to draft amendment language issued by the National Rifle Association.
Opposition: Bipartisan opponents say that this is an unnecessary addition to the constitution, as hunting and fishing rights are not at risk.
Constitutional Amendment F, Legislative Session Start Date Amendment
Shall the Utah Constitution be amended to change when annual general sessions of the Utah Legislature begin from the fourth Monday in January to a day in January designated by a law passed by the Utah Legislature; and exclude state holidays that are not also federal holidays from counting towards the maximum number of days of the Utah Legislature’s annual general sessions?
Utah Constitutional Amendment F would allow the Utah State Legislature more flexibility in determining the start date of the general session. Currently, that date is fixed in the Utah State Constitution as the fourth Monday in January. A “yes” vote would give the legislature the power to set the date by statute, allowing it to be more easily changed.
Support: Utah State legislators approved this proposal.
Opposition: No prominent organized opposition.
Utah Constitutional Amendment G, Use Income and Property Tax Revenue to Support Children and Individuals with Disabilities Amendment
“Shall the Utah Constitution be amended to expand the uses of money the state receives from income taxes and intangible property taxes to include supporting children and supporting people with a disability?”
The Utah Constitution earmarked 100% of income tax revenue for schools in 1946. This amendment would allow income tax revenue to go toward other services for children and the disabled. In exchange, Utah House Bill 357 will also go into effect, providing ongoing funding for education, including additional funding adjusted to growth in student enrollment and inflation.
Support: The Utah State Board of Education, Utah Education Association, Utah School Boards Association and the Utah Association of Public Schools among others support Constitutional Amendment G and HB 357.
Opposition: Utah Citizens’ Counsel, Voices for Utah Children, the Utah League of Women Voters and others oppose Amendment G, saying the proposal enacts tax reform while avoiding addressing underfunded schools and social services.
Moab Sun News reporters Rachel Fixsen, Anastasia Hufham and Ethan Newman contributed to this article.
