297 P.3d 573
Utah2013Background
- Move to Amend Salt Lake submitted an initiative petition to place an advisory measure on local ballot, styled as a constitutional amendment to declare corporations are not people.
- Salt Lake County Clerk certified signatures and delivered petition to Salt Lake City Recorder for ballot submission.
- City Recorder rejected the petition as not constituting proper local legislation under Utah law.
- Caleb Proulx, a Salt Lake City registered voter, sought extraordinary relief to compel placement of the petition on the November 2012 ballot.
- Court denied Proulx’s petition on July 31, citing the petition’s advisory nature and lack of binding legislative effect.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether popular initiative can include purely advisory measures | Proulx argues advisory initiatives fall within initiative power | City/State argue advisory measures are not ‘legislation’ under Article VI | No; advisory measures are outside the initiative power. |
| What constitutes “legislation” under Utah Constitution Article VI | Text supports broader, non-binding guidance | Legislation requires binding law with general applicability | Legislation must have binding legal effect; advisory resolutions are invalid. |
| Separation of powers and initiative power | People should be able to express policy opinions via initiative | Initiative power is limited to legislation; opinions are not law | Separation of powers limits initiative to legislation, not mere advisory expressions. |
| Impact of First Amendment on advisory initiatives | Advisory initiatives are protected speech | No constitutional right to place advisory questions on ballots | First Amendment does not require advisory initiatives on ballots. |
Key Cases Cited
- White v. Welling, 57 P.2d 703 (Utah 1936) (initiatives must resemble a law; not merely opinion)
- Salt Lake on Track v. Salt Lake City, 939 P.2d 680 (Utah 1997) (official may reject petitions lacking legal sufficiency or subject matter)
- Carter v. Lehi City, 2012 UT 2 (Utah 2012) (defines legislative power and its limits; not all measures are ‘legislation’)
- Mouty v. Sandy City Recorder, 122 P.3d 521 (Utah 2005) (cases distinguishing legislative vs. administrative acts for referenda/initiative)
- Meyer v. Grant, 486 U.S. 414 (U.S. 1988) (ballot-access restrictions and First Amendment considerations)
- Protect Marriage Ill. v. Orr, 463 F.3d 604 (7th Cir. 2006) (no constitutional obligation to place advisory questions on ballots)