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Article VI, Section 6
Article VI, Section 30
Article VII, Section 3
Article VII, Section 11
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Proposal to Amend Utah Constitution - Term of Office
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Nelson T. Abbott
Senate Sponsor:
LONG TITLE
General Description:
This joint resolution of the Legislature proposes to amend the Utah Constitution by
imposing term limits for state elected officials.
Highlighted Provisions:
This resolution proposes to amend the Utah Constitution to:
limit officials elected to a state office to no more than eight years in the office; and
provide for how to calculate the limitation.
Other Special Clauses:
This resolution directs the lieutenant governor to submit this proposal to voters.
This resolution provides a contingent effective date of
January 1, 2027
for this proposal.
Utah Constitution Sections Affected:
AMENDS:
Article VI, Section 6
,
Article VI, Section 30
,
Article VII, Section 3
,
Article VII, Section 11
,
Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
of the two houses voting in favor thereof:
Section 1. It is proposed to amend Utah Constitution, Article VI, Section 6 to read
Article VI, Section 6
. [Who is ineligible as legislator.]
(1)
No person holding any public office of profit or trust under authority of the United
States, or of this State, shall be a member of the Legislature: Provided That
appointments in the State Militia, and the offices of notary public, justice of the peace,
United States commissioner, and postmaster of the fourth class, shall not, within the
meaning of this section, be considered offices of profit or trust.
(2)
(a)
Subject to Subsections
(2)(b)
through (2)(d), no person elected as a legislator may
serve in the same house for more than eight cumulative years.
(b)
The eight-year limitation applies to years served on or after January 1, 2027.
(c)
The eight-year limitation does not apply to the years served when the person is
elected or appointed to fill a mid-term vacancy in the Legislature before the person is
elected to a full term as a legislator.
(d)
(i)
A person may not be elected or appointed to a remaining term of a member of
the Senate or the House of Representatives if serving the remaining term would
cause the person to serve for more than eight years in that respective house.
(ii)
A person may not be elected to the Senate or the House of Representatives if
serving a full term would cause the person to serve for more than eight years in
that respective house.
Section 2. It is proposed to amend Utah Constitution, Article VI, Section 30 to read
Article VI, Section 30
. [Continuity in government.]
(1)
Notwithstanding any general or special provisions of the Constitution
other than the
eight-year service limitation provisions
, in order to insure continuity of state and local
government operations when such operations are seriously disrupted as a result of
natural or man-made disaster or disaster caused by enemy attack, the Legislature may:
(a)
provide for prompt and temporary succession to the powers and duties of any elected
or appointed public office, the incumbents of which may become unavailable for
carrying on the powers and duties of such offices; and
(b)
adopt measures necessary and proper for insuring the continuity of governmental
operations including, but not limited to, the financing thereof.
(2)
The Legislature may provide a successor who exceeds the eight-year service limitation
provisions if the Legislature determines that no eligible person is available.
(3)
Subsection
(1)
does not permit these temporary public officers to act or these temporary
measures to be contrary to the Constitution and applicable law.
Section 3. It is proposed to amend Utah Constitution, Article VII, Section 3 to read
Article VII, Section 3
. [Qualifications of officers.]
(1)
To be eligible for the office of Governor or Lieutenant Governor a person shall be 30
years of age or older at the time of election.
(2)
To be eligible for the office of Attorney General a person shall be 25 years of age or
older, at the time of election, admitted to practice before the Supreme Court of the State
of Utah, and in good standing at the bar.
(3)
To be eligible for the office of State Auditor or State Treasurer a person shall be 25
years of age or older at the time of election.
(4)
No person is eligible to any of the offices provided for in Section 1 unless at the time of
election that person is a qualified voter and has been a resident citizen of the state for
five years next preceding the election.
(5)
(a)
Subject to Subsection
(5)(b)
, no person elected to an office identified in Article
VII, Section 1, may serve in that position for more than eight cumulative years.
(b)
The eight-year limitation applies to years of office served on or after January 1, 2027.
(c)
A person may not be elected or appointed to the office of Lieutenant Governor if the
person has previously served as Governor for more than one term.
Section 4. It is proposed to amend Utah Constitution, Article VII, Section 11 to read
Article VII, Section 11
. [Vacancy in office of Governor -- Determination of
disability.]
(1)
A vacancy in the office of Governor occurs when:
(a)
the Governor dies, resigns, is removed from office following impeachment, ceases to
reside within the state, or is determined, as provided in Subsection
(6)
, to have a
disability that renders the Governor unable to discharge the duties of office for the
remainder of the Governor's term of office; or
(b)
the Governor-elect fails to take office because of the Governor-elect's death, failure
to qualify for office, or disability, determined as provided in Subsection
(6)
, that
renders the Governor-elect unable to discharge the duties of office for the
Governor-elect's full term of office.
(2)
If a vacancy in the office of Governor occurs, the Lieutenant Governor shall become
Governor, to serve:
(a)
until the first Monday in January of the year following the next regular general
election after the vacancy occurs, if the vacancy occurs during the first year of the
term of office; or
(b)
for the remainder of the unexpired term, if the vacancy occurs after the first year of
the term of office.
(3)
(a)
In
Subject to Subsection
(3)(b)
, in
the event of simultaneous vacancies in the
offices of Governor and Lieutenant Governor, the President of the Senate shall
become Governor, to serve:
(i)
until the first Monday in January of the year following the next regular general
election after the vacancy occurs, if the vacancy occurs during the first year of the
term of office; or
(ii)
for the remainder of the unexpired term, if the vacancy occurs after the first year
of the term of office.
(b)
In
Subject to Subsection
(3)(c)
, in
the event of simultaneous vacancies in the offices
of Governor, Lieutenant Governor, and President of the Senate,
or if the President of
the Senate has previously served as Governor and filling the vacancy will result in
the President of the Senate serving more than eight years as Governor,
the Speaker of
the House of Representatives shall become Governor, to serve:
(i)
until the first Monday in January of the year following the next regular general
election after the vacancy occurs, if the vacancy occurs during the first year of the
term of office; or
(ii)
for the remainder of the unexpired term, if the vacancy occurs after the first year
of the term of office.
(c)
If the Speaker of the House of Representatives has previously served as Governor
and filling the vacancy will result in the Speaker of the House of Representatives
serving more than eight years as Governor, succession to the vacancy shall be as
provided in statute, provided that the succession plan recognizes the eight-year
limitation on service as Governor.
(4)
If a vacancy in the office of Governor occurs during the first year of the term of office,
an election shall be held at the next regular general election after the vacancy occurs to
elect a Governor and Lieutenant Governor, as provided in Article VII, Section 2, to
serve the remainder of the unexpired term.
(5)
(a)
If the Governor is temporarily unable to discharge the duties of the office because
of the Governor's temporary disability, as determined under Subsection
(6)
, or if the
Governor-elect is temporarily unable to assume the office of Governor because of the
Governor-elect's temporary disability, as determined under Subsection
(6)
, the
powers and duties of the Governor shall be discharged by the Lieutenant Governor
who, in addition to discharging the duties of the office of Lieutenant Governor, shall,
without additional compensation, act as Governor until the disability ceases.
(b)
(i)
If, during a temporary disability of the Governor or Governor-elect, as
determined under Subsection
(6)
, a vacancy in the office of Lieutenant Governor
occurs or the Lieutenant Governor is temporarily unable to discharge the duties of
the office of Governor because of the Lieutenant Governor's temporary disability,
as determined under Subsection
(6)
, the powers and duties of the Governor shall
be discharged by the President of the Senate who shall act as Governor until the
Governor or Governor-elect's disability ceases or, in the case of the Lieutenant
Governor's temporary disability, the Lieutenant Governor's disability ceases,
whichever occurs first.
(ii)
If, during a temporary disability of the Governor or Governor-elect, as
determined under Subsection
(6)
, neither the Lieutenant Governor nor the
President of the Senate is able to discharge the duties of the office of Governor
because of a vacancy in the office of Lieutenant Governor or President of the
Senate, or both, or because of a temporary disability of either or both officers, as
determined under Subsection
(6)
, or a combination of vacancy and temporary
disability, the powers and duties of the Governor shall be discharged by the
Speaker of the House of Representatives who shall act as Governor until the
Governor's disability ceases or until the vacancy, if applicable, in the office of
President of the Senate is filled or the temporary disability, if applicable, of the
Lieutenant Governor or President of the Senate ceases, whichever occurs first.
(c)
(i)
During the time that the President of the Senate acts as Governor under this
Subsection
(5)
, the President may not exercise the powers and duties of President
of the Senate or Senator. The powers and duties of President of the Senate may be
exercised during that time by an acting President, chosen by the Senate.
(ii)
During the time that the Speaker of the House of Representatives acts as
Governor under this Subsection
(5)
, the Speaker may not exercise the powers and
duties of Speaker of the House of Representatives or Representative. The powers
and duties of Speaker of the House of Representatives may be exercised during
that time by an acting Speaker, chosen by the House of Representatives.
(d)
When acting as Governor under this Subsection
(5)
, the President of the Senate or
Speaker of the House of Representatives, as the case may be, shall be entitled to
receive the salary and emoluments of the office of Governor.
(6)
(a)
A disability of the Governor, Governor-elect, or person acting as Governor shall
be determined by:
(i)
the written declaration of the Governor, Governor-elect, or person acting as
Governor, transmitted to the Supreme Court, stating an inability to discharge the
powers and duties of the office; or
(ii)
a majority of the Supreme Court upon the joint request of the President or, if
applicable, acting President of the Senate and the Speaker or, if applicable, acting
Speaker of the House of Representatives.
(b)
The Governor or person acting as Governor shall resume or, in the case of a
Governor-elect, shall assume the powers and duties of the office following a
temporary disability upon the written declaration of the Governor, Governor-elect, or
person acting as Governor, transmitted to the Supreme Court, that no disability exists,
unless the Supreme Court, upon the joint request of the President or, if applicable,
acting President of the Senate and the Speaker or, if applicable, acting Speaker of the
House of Representatives, or upon its own initiative, determines that the temporary
disability continues and that the Governor, Governor-elect, or person acting as
Governor is unable to discharge the powers and duties of the office.
(c)
Each determination of a disability under Subsection
(6)(a)
shall be final and
conclusive.
(7)
The Supreme Court has exclusive jurisdiction to determine all questions arising under
this section.
Section 5.
Submittal to voters.
The lieutenant governor is directed to submit this proposed amendment to the voters of
the state at the next regular general election in the manner provided by law.
Section 6.
Contingent effective date.
If the amendment proposed by this joint resolution is approved by a majority of those
voting on it at the next regular general election, the amendment shall take effect on January 1,
2027.
12-30-25 3:50 PM