History
Utah was the second state to win statewide initiative and referendum,
passing its amendment through the legislature in 1899 and ratifying it by
popular vote in 1900. The man most responsible for this early victory was
State Representative Sherman S. Smith of Ogden, the legislature’s “lone
Populist.” But another I&R advocate, Henry W. Lawrence of Salt Lake City,
wondered whether the legislature would pass reasonable implementing
legislation: “The great trouble now will be to get the Legislature to adopt
legislation to…make it [I&R] effective, as our Legislature will be Republican
and no doubt generally opposed to the principle.”
Lawrence’s concern was on target. Sixteen years later, I&R advocates
were still waiting for the legislature to pass an implementing law. Finally, in
1916, they organized the Popular Government League of Utah to lobby
for such a law. Its officers were Parley P. Christensen, president; Dr. Grace
Stratton-Airey, vice president; and Parker B. Cady, secretary-treasurer.
The legislature reluctantly passed an implementing bill, but it was
worthless: among other restrictions, it specified that anyone signing a
petition to put an initiative on the ballot had to sign “in the office and in
the presence of an officer competent to administer oaths.” The reformers
were outraged. The law effectively prohibited initiative sponsors from
circulating petitions. After World War II, the restrictions finally were eased,
but it was still not easy to put an initiative on the ballot.
In 1960, Utah voters approved a statewide initiative for the first time. It
established a merit system procedure for hiring and employing county
deputy sheriffs, thus ending the corrupting patronage system.
Over the years, the animal protection movement was very active in
Utah – putting fear in the hearts of hunters. Out of fear of how the animal
protection groups would use the initiative process, pro-hunting groups
began a crusade against the initiative process. In 2000 they were
successful in convincing the state legislature to drastically curb the
initiative process by increasing the distribution requirements for initiatives
and also requiring that animal protection initiatives must pass by a twothirds
vote of the people.
Excerpted from the Initiative & Referendum Almanac by M. Dane Waters.