This constitutional amendment would change how Utah publishes constitutional amendments
An amendment to the Utah Constitution has been introduced in the Utah Legislature that would change the publication requirements for future amendments to the constitution.
HJR10 and HB481 would work together to change the publication requirements for proposed amendments to Utah's Constitution and other ballot questions. This will change it so these amendments and ballot questions can be published online instead of having to be published in print newspapers.
'Since that's not really the best notice anymore, then the way to do that is to amend the Constitution and clarify it, you know, make it more modern with what our current practices are,' said Rep. Anthony Loubet, R-Kearns, the sponsor of both the bill and resolution.
Currently the state constitution has been understood to say that these amendments have to be published in physical print newspapers across the state. But under the new amendment they would just be published online.
'I'm a nerd, so when it's a legal, procedural thing. I read the court thing and I'm like, 'I know how to solve this,'' Loubet said. 'When the court identifies and applies the law, and we look at it and say, well, the plain meaning doesn't match with what the current practice is. Well, that's our job.'
The amendment, HJR10, would make it so that the manner of publication for notice would be determined by statute, then HB481 sets that statute. Also clarified in the amendment is that it has to be published for 60 calendar days before the General Election, instead of two months.
The bill also clarifies that proposed amendments have to be published as a class A notice. This includes the amendments being published on the Utah Public Notice website and the Lieutenant Governor's website.
The bill requires the notice to include the entire resolution and not just a summary of the text.
If HJR10 passes through the Legislature, it will go on Utah's ballot in 2026. HB481 will only go into effect if the amendment is approved.
Sen. Lincoln Fillmore, R-South Jordan sponsored SB73, which would change the requirements for publishing citizen initiatives. This bill requires citizen initiatives to be published in print newspapers around the state for two months before being put on the ballot, as previously reported by The Deseret News.
Loubet's constitutional amendment includes citizen initiatives so it conflicts with SB73. Loubet said Fillmore has a substitute for his bill which would make it so the publication has to follow the constitution. So if this constitutional amendment goes into effect, it will change how these citizen initiatives are published.
SB73 will go into effect this summer, but if Loubet's amendment passes, that will change at the beginning of 2027 when the amendment becomes a part of the constitution.
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