The 2014 Utah Legislature has put three requests for changes in the state constitution on the general election ballot this fall.
The three constitutional amendments are sandwiched between a long list of judges and the school district’s general obligation bonds request towards the end of the ballot,.
Legislators have asked voters to weigh in on proposals that affect the state tax commission, the term of office of appointed lieutenant governors and the ability for constitutional state officers to select their own legal counsel.
Constitutional Amendment A will change the provision in the state constitution that requires the state tax commission to be partisanly diverse.
Under the current language in the state constitution, no more than two of the four members of the state tax commission may belong to the same political party.
Constitutional Amendment A removes that provision and allows all or a majority of the tax commission to belong to the same political party.
The state tax commission makes administrative rules and acts in a judicial capacity on appeals of tax matters.
Constitutional Amendment A will allow the governor to appoint the most qualified people to the commission without consideration of political party, according to the three past members of the state tax commission — two Republicans and one unaffiliated — that prepared a statement in favor of the amendment for the state voter information guide.
However, constitutional Amendment A removes an important check and balance in Utah’s constitution, according to Rep. Joel Briscoe, D-Salt Lake City, who prepared the argument against the amendment for the voter information guide.
“There is nothing wrong with the current system created by our constitution. The balanced membership of today’s tax commission is a constitutional check and balance that should remain in place,” he wrote.
Constitutional Amendment B corrects an unintentional possible consequence of a 2009 change in the state constitution.
In 2009 a constitutional amendment specified what happens when a vacancy occurs in the office of governor or lieutenant governor. Under the change it is possible that the governor and lieutenant governor could be from different political parties.
Constitutional Amendment B specifies that the term of an appointed lieutenant governor will coincide with the governor’s term.
Since 1984, the Utah State Constitution has required candidates for governor and lieutenant governor from each party be voted on together as a team.
Proponents of amendment B claim the amendment maintains this tradition and requires candidates for lieutenant governor to appear on a ballot in tandem with a candidate for governor, according to Sen. Stephen Urquhart, R-St. George.
Opponents to constitutional amendment B are concerned that it creates the possibility that an appointed lieutenant governor could succeed to the governor’s office before they stand for election as lieutenant governor.
“Utah could then end up with a chief executive that has never been elected,” wrote Rep. Jim Nielson, R-Bountiful, in his argument against constitutional amendment B in a voter information guide.
Constitutional Amendment C allows the lieutenant governor, state auditor and state treasurer to each appoint their own legal counsel. The constitution currently allows the governor to appoint his own legal counsel, but requires other state elected officers to use the attorney general for their legal counsel.
“Recent events have made it clear that there might be times when a conflict of interest could arise between the attorney general and another constitutional officer,” wrote Sen. Todd Weiler, R-Woods Cross and Rep. Mike McKell, R-Spanish Fork, in their argument in favor of Constitutional Amendment C.
Opponents to the amendment find wisdom in the intention of Utah’s founders that the attorney general’s office provide legal advice for state officers.
“It [Constitutional Amendment C] opens the door to increase the size and cost of government offices,” wrote Sen. Wayne Niederhauser, R-Sandy, in the voter information guide’s argument against Constitutional Amendment C. “The language needs to be narrowed down so that hiring separate attorneys is only allowed in rare conflict of interest situations.”