Current provisions of the Utah Constitution

The Utah Constitution currently requires all elections to be by secret ballot. That requirement probably already applies to elections to select public officers and elections under state law on initiatives or referenda. However, because the scope of the requirement that "all elections" be by secret ballot is not defined in case law, it is unclear exactly which elections are included within the scope of the requirement.

Effect of Constitutional Amendment A

Constitutional Amendment A modifies the scope of the secret ballot requirement. Unless preempted by federal law, the Amendment requires specific types of elections to be by secret ballot.

The Amendment specifies that elections required to be held by secret ballot include elections under state or federal law for public office, on an initiative or referendum, or to designate or authorize employee or individual representation. An election to designate or authorize employee representation would probably include an election to determine whether or not to form a union or to determine union representation.

Effective Date

If approved by voters, Constitutional Amendment A takes effect January 1, 2011.

Fiscal Impact

Constitutional Amendment A will have no direct, measurable impact on state or local government costs or revenues.