Constitutional Amendment B - Constitutional Amendment on Legislator Qualifications

Summary

This measure proposes to amend the Utah Constitution to specify that qualifications of a person elected or appointed as a legislator apply as of the time of election or appointment (rather than the time a legislator assumes office). It is proposed to amend Utah Constitution, Article VI, Section 5, to read: Article VI, Section 5. [Who is eligible as a legislator.] (1) A person is not eligible to the office of senator or representative unless the person is: (a) at the time of election or appointment: [(a)] (i) a citizen of the United States; [(b)] (ii) at least twenty-five years of age; and [(c)] (iii) a qualified voter in the district from which the person is chosen; [(d)] (b) a resident of the state for three consecutive years immediately prior to: (i) the last date provided by statute for filing for the office, for a person seeking election to the office; or (ii) the person's appointment to the office, for a person appointed to fill a mid-term vacancy; and [(e)] (c) (i) a resident of the district from which the person is elected for six consecutive months immediately prior to the last date provided by statute for filing for the office; or (ii) a resident of the district for which the person is appointed to fill a mid-term vacancy for six consecutive months immediately prior to the person's appointment. (2) A person elected or appointed to the office of senator or representative may not continue to serve in that office after ceasing to be a resident of the district from which elected or for which appointed.

A "yes" vote on this amendment is a vote in favor the constitutional amendment to specify that certain qualifications of a legislator apply as of the time of election or appointment, rather than the time a legislator assumes office.

A "NO" vote on this amendment is a vote against the constitutional amendment to specify that certain qualifications of a legislator apply as of the time of election or appointment rather than the time a legislator assumes office.

Arguments

"This also is a reasonable move to clarify what the Utah Constitution means, in this case the qualifications for being elected to the Legislature. As it sits, those qualifications include being a U.S. citizen, living in the district you would represent and being at least 25 years old. But the constitution doesn't say if candidates have to meet those standards when they file, when they are elected or appointed or when they take office. Amendment B would clarify that it means when a person is elected to office or appointed to fill a vacancy. This change should be approved.", in support of Constitutional Amendment B (Learn more)

Measure Details