2026 Midterm Ballot Amendments
Ellen Brady, MD | Published on 10/6/2026
In the media chatter (social and otherwise) over candidates in this election cycle, it is important to note that two amendments to the Utah Constitution will also be on the November ballot. The full text of both can be found here. Note the additions are in blue and deletions in red strikeout text:
Amendment to Article XXIII, Section 1 (A): Currently the legislature is required to publish notice of any proposed constitutional amendment in a newspaper in every county if that county has a newspaper. This must happen two months in advance of the election. The new language states that a proposed amendment must be published 60 days in advance of the election by “methods stipulated by statute.” Current statute requires posting that “Class A” notices, such as this would be, must be published on the Public Notice website.
One can legitimately argue that methods of notifying the public can and should be updated to reflect the realities of a digital age. However, it seems doubtful that voters will know to check these websites for any significant ballot proposals such as a constitutional amendment. If reliably informing the electorate regarding important ballot questions were the goal, it seems that a mailer either sent in advance of or with the ballot would be far more effective. Further, statutes can change at the whim of the Legislature. THUS, OUR RECOMMENDATION ON THIS AMENDMENT IS A NO VOTE, noting that the current language does not prohibit the use of additional methods of notification.
Amendment to Article VI, Section 1 (B): This amendment requires that any citizen-initiated ballot issue that raises taxes must be approved by a vote of 60%. Specifically, this impacts both the addition of new taxes and measures that impact the coverage or rates of existing taxes.
Again, on the surface, this measure might seem laudable—passage of any measure by a 60% majority ensures that it is broadly supported. However, two considerations give pause. First, a requirement for 60% approval on ANY issue essentially codifies minority rule. Stated differently, 41% can overrule 59%. Second, this proposed amendment comes from a legislature that has a long history of efforts designed to ignore the will of the people, especially as expressed through ballot initiatives—please don’t forget the fights over the Port Authority, Medicaid Expansion, and Prop 4 to mention a few. Signature requirements became more stringent and the legislature promptly gutted every measure that passed. The Utah Supreme Court has fortunately ruled that they can no longer do that, but the Legislature’s tactic then became that of hamstringing the court. THUS, OUR RECOMMENDATION ON THIS AMENDMENT IS ALSO A NO VOTE.