Utah's Amendment A seeks to modernize constitutional amendment publication requirements

SALT LAKE CITY — A lot of things have changed since Utah first became a state in 1896.

The state's population has grown from about 250,000 the year before statehood to more than 3.5 million, and the vast majority of those current residents live in urban counties along the Wasatch Front, compared to a majority of Utahns who lived in rural areas at the state's founding. More than half of Utahns now drive personal cars to work, and a majority now get their news from the internet, rather than daily newspapers.

One thing that hasn't changed in that time is the requirement that the state Legislature publish the text of proposed constitutional amendments in newspapers in each county for two months before the election.

The original Constitution adopted at statehood created a process for amending itself by a two-thirds vote of the state House and Senate, followed by a simple majority of Utah voters during the next general election. It also contained the requirement for publishing the text of proposed amendments "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."

As daily newspapers have diminished thanks to online news and social media — and most newspapers in the state have moved away from daily print editions — the provision has come to feel like a relic from a different time.

But the section still has teeth, as lawmakers learned in 2024, when their failure to follow the publication requirements stymied their efforts to propose an amendment on redistricting. Now, lawmakers hope voters will approve a new constitutional amendment they say will bring the requirement into the 21st century.

What would Amendment A do?

If approved by voters this November, Amendment A would eliminate the newspaper publishing requirement, instead requiring future amendments to be publicized "in a manner provided by statute." The amendment would also change the requirement length from "two months" to "60 days" immediately preceding an election to clear up any potential confusion about when exactly the notices must be available.

The issue became clear to lawmakers in 2024, when a Utah district court judge invalidated that year's Amendment D, citing in part a failure to properly publicize the amendment prior to the election. The amendment would have given lawmakers the power to overturn ballot initiatives passed by voters.

A resolution proposing the new amendment aimed to fix that and passed the Legislature unanimously in 2025.

"That came to light during some recent court decisions that kind of highlighted that it's supposed to be in physical, print newspapers," Rep. Anthony Loubet, R-Kearns, told lawmakers while presenting the resolution to a House committee in early 2025. "Nowadays, that's not where people get their information."

The resolution was approved alongside a bill that would codify new rules for publishing proposed amendments. HB481 would require the Legislature to publish the text of amendments on the state's Public Notice Website and on the Legislature's website. The bill will take effect Jan. 1, 2027 if voters approve Amendment A.

During that same committee hearing, Loubet responded to concerns that many Utahns may not regularly check those websites. He said most news outlets in the state will likely report on future constitutional amendments, and said outlets can link to the state websites for those who want to read the text in full.

What's next?

Amendment A is one of two proposed amendments on the ballot this year. But unlike Amendment B, which has an organized opposition effort, Amendment A received bipartisan support in the Legislature and has not prompted significant backlash.

Amendment B would raise the bar for ballot initiatives that increase taxes from 50% to 60% of the popular vote.

Ballots will be sent to voters beginning Tuesday and Election Day is Nov. 3.

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