The bar for some future ballot initiatives in Utah to pass could be set higher.
The Legislature is considering a constitutional amendment that would raise the threshold for citizen ballot initiatives that increase taxes or change revenue levels from a simple 50% majority to 60%.
“This resolution proposes that we ask the voters a simple question,” said Republican sponsor Sen. Lincoln Fillmore. “How easy do you want it to be for your neighbors to raise your taxes?”
For Fillmore, the issue is who should be accountable for tax increases.
“If your representative votes to raise your taxes, there is a maximum of 18 months before you will get a chance to vote for or against that representative,” he said. “There's a maximum of three-and-a-half years, 42 months, before you'll have a chance to vote for or against the senator who voted to raise your taxes. You will never get a chance to vote for or against your neighbor who voted to raise your taxes.”
SJR2 passed out of a Senate committee on Jan. 29 in a 4-1 vote, with only Democratic Sen. Luz Escamilla voting in opposition. Because this is an amendment to the state constitution, it would need voter approval to go into effect. If the resolution passes the Legislature, it will then appear on the ballot in 2026.
A similar resolution did not pass out of the Legislature in 2023 and 2024.
The Utah Taxpayers Association supports the resolution. President Billy Hesterman said the 60% threshold would give “more of an opportunity for the taxpayer to have representation” compared to the current ballot initiative process.
“I think what's key to remember here is that this is simply asking the voters, do they want to put this restriction on themselves when raising taxes?”
Opponents, on the other hand, aren’t so convinced. Holladay resident Matt Weed told lawmakers the citizen initiative process is hard enough as it is.
“There's nothing easy about Utah's current ballot initiative process,” he said. “Nobody would undertake a citizens initiative in Utah casually, since the process is already one of, if not the most, rigorous of any state.”
For a citizen’s initiative to appear on the ballot now, sponsors must, among other things, collect signatures of at least 8% of the number of active registered statewide voters and signatures in at least 26 of the state's 29 senate districts. Then, hold at least seven public hearings across the state.
Additionally, lawmakers are considering separate legislation this session that would add another step to the process: require the initiative be published in newspapers statewide, which could add an estimated $1.4 million to the process.
For the League of Women Voters of Utah, the question was one of “parity between what's done by the Legislature and what would be required here,” said Director of Voter Services Helen Moser. She pointed out that lawmakers do not impose a 60% threshold on themselves when raising taxes.
“It would make it significantly higher for citizens to enact any kind of meaningful change through the ballot initiative process,” she said. “In addition, it allows a minority of voters to overrule a majority of voters, which really undermines the fundamental principles of our country.”
Others, like former Democratic congressional candidate Kael Weston, suggested this was retaliation for citizen initiatives that passed in 2018 regarding medical marijuana and Medicaid expansion. Both initiatives were later heavily changed by the Legislature.
“I think it's a dilution of our voice and a dilution of our power wrapped around this issue of ‘be afraid of the tax boogeyman,’” he said.
Responding to the criticism, Fillmore said it was hard for him to “fathom the idea that the will of the people is so important that we cannot ask the people to express their will on this issue.”
“I'm a believer in the people's legislative power,” he said. “I am not at all afraid to ask the people if this is something that they would like.”
The resolution now goes to the Senate for debate, where it will need a two-thirds vote to pass. It would then go to the House, where it would also need to advance out of committee and then receive a two-thirds majority to appear on the 2026 ballot.
