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LLOYD: How should initiatives and referendums be handled in Utah?

By Jared Lloyd - Standard-Examiner | Oct 31, 2026

Daily Herald file photo

Jared Lloyd

With Election Day just around the corner, we are all being inundated with campaign messaging, either through direct communication like text messages and emails or through advertising.

It’s nothing unusual. In fact, it’s so common that most of us probably barely give it much thought (although I do find it entertaining to see ads from different parts of the country on streaming services, although I will have no impact on what happens in Texas or Michigan).

The bottom line, though, is my job as a citizen is to vote for the candidates and issues in accordance with my views about what will be best for my community, my state and my nation. If enough citizens agree with me, my votes will go to the winning candidates and issues. If not, well, then the other side will end up as the victors.

I’ve been thinking, though, about how dramatically different the candidate races are from the issues that are codified in initiatives and referendum.

I may think Candidate A is the best person for the job, vote for them, and see them get elected. During their time in office, however, I may discover that individual isn’t acting in ways I think they should.

In that case, when they come up for re-election, I then can vote for a different candidate. If I feel strongly enough, I can even actively participate in promoting someone else for the position and support them through donations of time and/or money.

But what about with amendments, initiatives and referendum?

It’s not as simple.

Since these directly impact the state constitution, it requires a much more complicated process to make changes.

We’ve had ample evidence of that, particularly in the recent contentious battle over Proposition 4 that was passed in 2018. It’s been hotly debated in the legislature, the court system and the court of public opinion for nearly eight years now and frankly I don’t think there is any end in sight.

I don’t think there is any item on the ballot this year that raises to that level of discussion, but Amendment B certainly has its share of strongly-held views.

The amendment seeks to establish a 60% threshold of voter approval for initiatives that will raise taxes, instead of the 50% threshold currently required.

Proponents tout it as a tool to limit the ability for non-elected individuals to raise taxes.

Opponents call it a threat to the ability of citizens to make changes through the initiative process.

Honestly, I think both viewpoints are accurate. Which it the better argument probably depends on your perspective.

But the discussion brings up the broader question of the value of representative government compared to direct democracy.

As I consider that fundamental question, I understand and agree with why the crafters of the Constitution chose to create a representative republic instead of democracy (regardless of how times it is mislabeled in public discourse).

I think they realized that most citizens don’t have the time or the interest to delve into the details inherent in governing, from the local level to the national level. They have their own lives to focus on.

That’s why it can be much easier to sway enough of voters to pass or defeat ballot measures based on broad generalities and clever marketing slogans than it is to do so with elected officers who have greater familiarity with the breadth and complexities of the issues.

There are a couple of recent examples that highlighted that reality to me.

One was in Utah County in 2020 when Proposition 9 would’ve separated the executive branch and legislative branch of county government into the familiar mayor-council format instead of having those powers joined in the three-member county commission.

Opponents quickly started proclaiming that the mayor would be a “king,” despite the fact that the cities in the county all have mayors.

But the selling point worked and the proposition failed.

Proposition 4 that I mentioned earlier was another classic example.

In 2018, proponents managed to sell enough of the state on the importance of an advisory independent redistricting commission that the measure passed.

The commission, however, was an effective smoke screen to hide the real objective of the proponents. That was made manifest in the language designed to “establish standards for the redistricting process,” language clearly written to require the redistricting to be drawn in ways that favored the goals of the proponents (which, ironically, could be defined as gerrymandering).

The real question asked by Proposition 4 was basically whether Salt Lake County should be its own legislative district — but that wasn’t what was on the ballot, was it?

I don’t think the proponents believed such a question had any chance of passing, so they succeeded in manipulating the process and thus had the legal standing to have the current congressional district boundaries established by the courts.

Now let me be clear in saying the legislature isn’t perfect either. Senators and representatives have often been manipulated by certain groups as well and enacted laws that contradicted the will of the people (such as the school voucher program, for example, which had been voted down twice when put on the ballot).

But elected officials are much more accountable and legislative law changes are much easier to work through than ballot questions. Those happen in the legislature all the time.

Utah has had a citizen initiative process in place for more than 126 years, but I find myself wishing that there was a better way to combine direct democracy and representative legislation.

In an ideal world, organizers of successful initiatives would sit down with elected officials and work together to come up with valid compromises as they take all the factors into account.

But in with the winner-take-all mentality we see so often, I’m probably just dreaming.

And that’s too bad.

Jared Lloyd is the managing editor of the Standard-Examiner and can be reached at jlloyd@standard.net.

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