Constitutional Amendment B modifies a provision of the Utah Constitution regarding eligibility requirements for the office of state senator or state representative. The Amendment requires a person appointed to fill a mid-term vacancy in one of those offices to be a resident of the state for three consecutive years immediately before appointment and a resident of the legislative district for six consecutive months immediately before appointment.

The Amendment also prohibits a person appointed to fill a vacancy in a legislative office from continuing to serve in office after ceasing to be a resident of the district for which the person was appointed.

Current provisions of the Utah Constitution

The Utah Constitution currently states that a person is not eligible for the office of state senator or representative unless the person meets certain requirements, including residency requirements. The residency requirements are that a person must be a resident of the state for three consecutive years immediately before the deadline for filing for office and a resident of the district from which the person is elected for six consecutive months immediately before the filing deadline. The requirement to be a resident of the state for three years is phrased in terms that may apply to both a person who is elected to office and a person who is appointed to fill a mid-term vacancy. The requirement to be a resident of the legislative district for six months is phrased in terms that apply only to a person who is elected to office.

The Utah Constitution also prohibits a person who is elected to a legislative office from continuing to serve in that office after ceasing to be a resident of the district from which the person was elected. This provision is phrased in terms that apply only to a person who is elected to office and not to a person who is appointed to fill a mid-term vacancy.

Effect of Constitutional Amendment B

Constitutional Amendment B specifically addresses residency requirements for a person who is appointed to fill a midterm vacancy in a legislative office. The Amendment requires a person appointed to fill a vacancy to be a resident of the state for three consecutive years immediately before the person's appointment and a resident of the legislative district for six consecutive months immediately before the person's appointment.

The Amendment also prohibits a person appointed to fill a vacant legislative office from continuing to serve in that office if the person ceases to be a resident of the district for which the person was appointed.

Effective Date

If approved by voters, Constitutional Amendment B takes effect January 1, 2011.

Fiscal Impact

Constitutional Amendment B will have no direct, measurable impact on state or local government costs or revenues.