Will the third time be the charm for Utah lawmakers who want to put a 60% voting threshold on initiatives that affect tax rates?
Or will it once again be squeezed out by other ballot measures that were thrown off last fall’s ballot by the state supreme court?
Taken together, SB73 and SJR2 would raise the bar for any citizen initiative that would increase taxes. Anything that establishes a new tax, expands an existing tax, increases an existing tax or even causes property taxes to decrease less than they otherwise would, would require a 60% majority of voters to become law.
Or will it once again be squeezed out by other ballot measures that were thrown off last fall’s ballot by the state supreme court?
Taken together, SB73 and SJR2 would raise the bar for any citizen initiative that would increase taxes. Anything that establishes a new tax, expands an existing tax, increases an existing tax or even causes property taxes to decrease less than they otherwise would, would require a 60% majority of voters to become law.
Not only that, if the initiative would cost money, but doesn’t raise taxes, it would have to include a detailed description of where the budget should be cut to make up the difference.
That would not, of course, be binding on the Legislature, which ultimately makes funding decisions.
The bill’s sponsor, Sen. Lincoln Fillmore, R-South Jordan, told a committee hearing this would make initiatives more like the bills lawmakers pass. Instead of presenting themselves on ballots, where voters are asked to determine whether they are good, these measures would force organizers to decide whether their ideas are more important than other things already being funded.
After all, lawmakers have to consider the state’s needs as a whole, prioritizing expenditures. Initiatives tend to exist in a vacuum.
A year ago, the state supreme court ruled that lawmakers don’t have the power to change a successfully passed initiative if it alters or reforms government — a right it said is “protected from government infringement.”
If a tax-raising initiative doesn’t fall under that definition, lawmakers might simply change or nullify it, anyway. Either way, expect lawsuits ahead.
Fillmore told me his involvement doesn’t mean he’s opposed to the citizen initiative process.
“I’ve always been a defender of the initiative process,” he said, adding that it can be an “important check” on the Legislature.
However, “I think when you’re asking people to raise taxes on their neighbors, we need a really broad consensus.”
And, for the record, he wouldn’t be opposed to imposing a 60% threshold on lawmakers raising taxes, as well.
For historical context, Utah voters passed an initiative in 2018 to expand Medicaid. It included an increase in sales taxes. But it would have failed under a 60% requirement.
Since 1900, Utah lawmakers have made no secret of their desires to limit the power citizens have to pass laws. The people elect them as representatives who have the time and ability to study issues and make informed decisions. Bills that go through the legislative process often end up being amended, altered and subject to public hearings to better reflect the needs of the people. Initiatives, on the other hand, are presented for an up or down vote, as-is, even though some public hearings are required.
In his speech to open the 2025 legislative session, Senate President Stuart Adams cast this issue as existential for republican government. “We cannot let unelected special interest groups outside of Utah run initiatives and override our republic, destroy our businesses, demean, impugn and cast aside those who are duly elected to represent their neighbors and friends in Utah,” his written remarks said.
As I have said before, the intersection of representative government and direct people power is not easily navigated. Nor is it always simple to choose sides. Democracy was not intended to be easy. The best we can do is hope the result of these struggles leads to better laws and outcomes.
Last year, Fillmore and his co-sponsor, Rep. Jason Kyle, R-Huntstville, nearly succeeded with this idea. Their measures passed the House but then died in the Senate after leaders raised concerns about too many ballot measures being considered at the same time.
Ironically, courts ended up nullifying two of those ballot measures for largely technical reasons.
They might reappear on the 2026 ballot, perhaps leading to cluttering the ballot once again. Or perhaps more bills concerning initiatives will be presented this year.
It’s worth noting that the 60% threshold cannot become a part of the constitution unless the people, themselves, decide to approve it at the ballot box.
If it comes to that, Utahns will face an interesting choice. They may not want to limit their own power to pass laws, but they may indeed want to limit everybody else’s power to raise their taxes.
That would not, of course, be binding on the Legislature, which ultimately makes funding decisions.
The bill’s sponsor, Sen. Lincoln Fillmore, R-South Jordan, told a committee hearing this would make initiatives more like the bills lawmakers pass. Instead of presenting themselves on ballots, where voters are asked to determine whether they are good, these measures would force organizers to decide whether their ideas are more important than other things already being funded.
After all, lawmakers have to consider the state’s needs as a whole, prioritizing expenditures. Initiatives tend to exist in a vacuum.
A year ago, the state supreme court ruled that lawmakers don’t have the power to change a successfully passed initiative if it alters or reforms government — a right it said is “protected from government infringement.”
If a tax-raising initiative doesn’t fall under that definition, lawmakers might simply change or nullify it, anyway. Either way, expect lawsuits ahead.
Fillmore told me his involvement doesn’t mean he’s opposed to the citizen initiative process.
“I’ve always been a defender of the initiative process,” he said, adding that it can be an “important check” on the Legislature.
However, “I think when you’re asking people to raise taxes on their neighbors, we need a really broad consensus.”
And, for the record, he wouldn’t be opposed to imposing a 60% threshold on lawmakers raising taxes, as well.
For historical context, Utah voters passed an initiative in 2018 to expand Medicaid. It included an increase in sales taxes. But it would have failed under a 60% requirement.
Since 1900, Utah lawmakers have made no secret of their desires to limit the power citizens have to pass laws. The people elect them as representatives who have the time and ability to study issues and make informed decisions. Bills that go through the legislative process often end up being amended, altered and subject to public hearings to better reflect the needs of the people. Initiatives, on the other hand, are presented for an up or down vote, as-is, even though some public hearings are required.
In his speech to open the 2025 legislative session, Senate President Stuart Adams cast this issue as existential for republican government. “We cannot let unelected special interest groups outside of Utah run initiatives and override our republic, destroy our businesses, demean, impugn and cast aside those who are duly elected to represent their neighbors and friends in Utah,” his written remarks said.
As I have said before, the intersection of representative government and direct people power is not easily navigated. Nor is it always simple to choose sides. Democracy was not intended to be easy. The best we can do is hope the result of these struggles leads to better laws and outcomes.
Last year, Fillmore and his co-sponsor, Rep. Jason Kyle, R-Huntstville, nearly succeeded with this idea. Their measures passed the House but then died in the Senate after leaders raised concerns about too many ballot measures being considered at the same time.
Ironically, courts ended up nullifying two of those ballot measures for largely technical reasons.
They might reappear on the 2026 ballot, perhaps leading to cluttering the ballot once again. Or perhaps more bills concerning initiatives will be presented this year.
It’s worth noting that the 60% threshold cannot become a part of the constitution unless the people, themselves, decide to approve it at the ballot box.
If it comes to that, Utahns will face an interesting choice. They may not want to limit their own power to pass laws, but they may indeed want to limit everybody else’s power to raise their taxes.
RSS Feed
