State constitution
Constitution of Utah
Data from Utah Legislature
Full article/section structure with condensed section text. Repealed articles (XIX Public Buildings and State Institutions; XXI Salaries) and repealed individual sections are omitted; Article XII (Corporations) is now largely repealed and only its surviving sections are listed. Read the verbatim text at the source link.
Article I Declaration of Rights
§ 1 Inherent and inalienable rights
All persons have the inherent and inalienable right to enjoy and defend their lives and liberties, to acquire, possess, and protect property, and to worship according to conscience.
§ 2 All political power inherent in the people
All political power is inherent in the people, who may alter or reform their government as the public welfare requires.
§ 3 Utah inseparable from the Union
Utah is an inseparable part of the federal Union, and the U.S. Constitution is the supreme law of the land.
§ 4 Religious liberty
The rights of conscience shall never be infringed; there is no union of church and state, and no religious test for office or public trust.
§ 5 Habeas corpus
The privilege of the writ of habeas corpus shall not be suspended except in cases of rebellion or invasion when the public safety requires it.
§ 6 Right to bear arms
The individual right to keep and bear arms for security and defense shall not be infringed, subject to the Legislature's power to define lawful use.
§ 7 Due process of law
No person shall be deprived of life, liberty, or property without due process of law.
§ 8 Offenses bailable
All persons charged with a crime are bailable except for specified serious offenses where the proof is evident or the presumption strong.
§ 9 Excessive bail and fines -- Cruel punishments
Excessive bail and fines and cruel and unusual punishments are prohibited, and persons arrested or imprisoned are to be treated without unnecessary rigor.
§ 10 Trial by jury
In capital cases the right of jury trial remains inviolate; the Legislature may provide for jury size and, in noncapital cases, for verdicts by less than a unanimous jury.
§ 11 Courts open -- Redress of injuries
All courts are open, and every person has a remedy by due course of law for injury to person, property, or reputation.
§ 12 Rights of accused persons
The accused has the rights to counsel, to know the charges, to confront witnesses, to compulsory process, to a speedy public trial, and against self-incrimination and double jeopardy.
§ 13 Prosecution by information or indictment -- Grand jury
Felonies are prosecuted by information after examination and commitment, or by grand jury indictment.
§ 14 Unreasonable searches forbidden -- Issuance of warrant
The people are secure against unreasonable searches and seizures; no warrant issues without probable cause supported by oath describing the place and things.
§ 15 Freedom of speech and of the press -- Libel
No law shall abridge freedom of speech or of the press; in libel prosecutions the truth may be given in evidence and the jury judges law and fact.
§ 16 No imprisonment for debt -- Exception
There shall be no imprisonment for debt except in cases of absconding debtors.
§ 17 Elections to be free -- Soldiers voting
All elections shall be free, and being stationed for military service neither confers nor denies residence for voting purposes.
§ 18 Attainder -- Ex post facto laws -- Impairing contracts
No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall be passed.
§ 19 Treason defined -- Proof
Treason consists only in levying war against the State or aiding its enemies, proven by two witnesses to the same overt act or by confession in open court.
§ 20 Military subordinate to the civil power
The military shall be in strict subordination to the civil power.
§ 21 Slavery and involuntary servitude forbidden
Neither slavery nor involuntary servitude shall exist within the State (the punishment-for-crime exception was removed by voters in 2020).
§ 22 Private property for public use
Private property shall not be taken or damaged for public use without just compensation.
§ 23 Irrevocable franchises forbidden
No irrevocable or exclusive grant of special privileges or immunities shall be made.
§ 24 Uniform operation of laws
All laws of a general nature shall have uniform operation.
§ 25 Rights retained by people
The enumeration of rights in this Constitution shall not be construed to impair others retained by the people.
§ 26 Provisions mandatory and prohibitory
The provisions of this Constitution are mandatory and prohibitory unless expressly declared otherwise.
§ 27 Fundamental rights
Frequent recurrence to fundamental principles is essential to the security of individual rights and the perpetuity of free government.
§ 28 Declaration of the rights of crime victims
Crime victims have rights to be treated with fairness and dignity and to be informed of, present at, and heard at public criminal proceedings.
§ 29 Marriage
Marriage is defined as the legal union of a man and a woman — a provision rendered unenforceable by Obergefell v. Hodges (2015).
§ 30 Right to hunt and fish
The people have the right to hunt, fish, and harvest wildlife, subject to laws that promote wildlife conservation and management.
Article II State Boundaries
§ 1 State boundaries
Defines the exterior boundaries of the State of Utah.
Article III Ordinance
§ 1 Religious toleration -- Polygamy forbidden
Perfect toleration of religious sentiment is guaranteed, and polygamous or plural marriages are forever prohibited.
§ 2 Right to public domain disclaimed -- Taxation of lands -- Exemption
The people disclaim right to unappropriated public lands and agree that federal land shall not be taxed by the State.
§ 3 Territorial debts assumed
The State assumes the debts and liabilities of the Territory of Utah.
§ 4 Free, nonsectarian schools
The Legislature shall establish and maintain a public school system open to all children and free from sectarian control.
Article IV Elections and Right of Suffrage
§ 1 Equal political rights
Both male and female citizens enjoy equally all civil, political, and religious rights and privileges.
§ 2 Qualifications to vote
Every citizen 18 or older who meets residency and registration requirements is entitled to vote.
§ 3 Voters -- Immunity from arrest
Voters are privileged from arrest during attendance at elections and while going to and returning from them, except for serious crimes.
§ 4 Voters -- Immunity from militia duty
Voters are exempt from militia duty on election day except in time of war or public danger.
§ 5 Voters to be citizens of United States
No person may vote who is not a citizen of the United States.
§ 6 Mentally incompetent persons, convicted felons, and certain criminals ineligible to vote
The Legislature may deny the vote to persons legally judged mentally incompetent or convicted of a felony or of treason or crimes against the elective franchise.
§ 7 Property qualification forbidden
No property qualification shall be required to vote or hold office.
§ 8 Election to be by secret ballot
All elections by the people shall be by secret ballot.
§ 9 General and special elections -- Terms -- Election of local officers
Provides for the timing of general and special elections and the election of local officers.
§ 10 Oath of office
Officers must take an oath to support the U.S. and Utah Constitutions and faithfully discharge their duties.
Article V Distribution of Powers
§ 1 Three departments of government
The powers of government are divided into legislative, executive, and judicial departments, and no person of one may exercise the powers of another except as permitted.
Article VI Legislative Department
§ 1 Power vested in Senate, House, and People
Legislative power is vested in a Senate and House of Representatives and in the people through the initiative and referendum.
§ 2 Time and location of annual general sessions
The Legislature meets in annual general session at times fixed by law.
§ 3 Election of House members -- Terms
Representatives are elected for two-year terms.
§ 4 Election of Senators -- Terms
Senators are elected for four-year terms.
§ 5 Who is eligible as a legislator
A legislator must be a citizen, a qualified voter, and a resident of the State and district for the required time.
§ 6 Who ineligible as legislator
Persons holding certain public offices or lacking qualifications are ineligible to serve as legislators.
§ 7 Ineligibility of legislator to office created at term
No legislator may, during their term, be appointed to a civil office created or whose pay was increased during that term.
§ 8 Legislator, privilege from arrest
Legislators are privileged from arrest during sessions except for serious crimes and are not questioned elsewhere for legislative speech.
§ 9 Compensation of legislators -- Citizens' salary commission
Legislators are compensated as fixed with the aid of an independent citizens' salary commission.
§ 10 Each house to be judge of election and qualifications
Each house judges the election and qualifications of its members.
§ 11 Majority is quorum -- Attendance compelled
A majority of each house is a quorum, but a smaller number may adjourn and compel attendance.
§ 12 Rules -- Choosing officers and employees
Each house determines its rules and chooses its officers and employees.
§ 13 Vacancies to be filled
Vacancies in the Legislature are filled as provided by law.
§ 14 Journals -- Yeas and nays
Each house keeps a journal, and the yeas and nays are entered at the request of members.
§ 15 Sessions to be public -- Adjournments
Sessions shall be public, and neither house may adjourn for more than a set period without the other's consent.
§ 16 Duration of sessions
The length of legislative sessions is limited as provided.
§ 17 Impeachment by House
The House of Representatives has the sole power to impeach.
§ 18 Trial of impeachment by Senate
Impeachments are tried by the Senate, and conviction requires a two-thirds vote.
§ 19 Officers liable for impeachment
The Governor and other state and judicial officers are liable to impeachment for high crimes, misdemeanors, or malfeasance in office.
§ 20 Service of articles of impeachment
An officer against whom articles of impeachment are presented is served and may answer.
§ 21 Removal of officers
Officers not subject to impeachment may be removed as provided by law.
§ 22 Reading of bills -- Bill to contain only one subject
Bills are read as required, and each bill contains only one subject clearly expressed in its title.
§ 24 Presiding officers to sign bills
The presiding officer of each house signs all bills that have passed.
§ 25 Publication of acts -- Effective dates of acts
Laws are published, and acts take effect on the dates provided by the Constitution or law.
§ 26 Private laws forbidden
The Legislature may not pass private or special laws in enumerated cases where a general law can apply.
§ 27 Games of chance not authorized
The Legislature may not authorize lotteries or games of chance.
§ 28 Special privileges forbidden
No law granting special or exclusive privileges shall be passed.
§ 29 Lending public credit and subscribing to stock forbidden
The State and its subdivisions may not lend their credit or subscribe to stock or bonds of private enterprises.
§ 30 Continuity in government
The Legislature may provide for continuity of government during emergencies caused by enemy attack.
§ 31 Additional compensation of legislators
Restricts additional compensation to legislators for services already rendered.
§ 32 Appointment of additional employees -- Legal counsel
The Legislature may appoint staff and its own legal counsel.
§ 33 Legislative auditor appointed
The Legislature appoints a legislative auditor to review the use of public funds.
Article VII Executive Department
§ 1 Executive Department officers -- Terms, residence, and duties
The Executive Department consists of the Governor, Lieutenant Governor, State Auditor, State Treasurer, and Attorney General, elected to four-year terms.
§ 2 Election of officers -- Governor and Lieutenant Governor elected jointly
Executive officers are elected at the general election, with the Governor and Lieutenant Governor elected jointly.
§ 3 Qualifications of officers
Executive officers must meet age, citizenship, and residency qualifications.
§ 4 Governor commander-in-chief
The Governor is commander-in-chief of the State's military forces except when they are called into federal service.
§ 5 Executive power vested in Governor -- Duties -- Legal counsel
The supreme executive power is vested in the Governor, who ensures the laws are faithfully executed.
§ 6 Convening of extra sessions of Legislature -- Advance public notice
The Governor may convene the Legislature in special session on advance public notice.
§ 7 Adjournment of Legislature by Governor
In case of disagreement about adjournment, the Governor may adjourn the Legislature.
§ 8 Bills presented to governor for approval and veto -- Items of appropriation
Bills are presented to the Governor, who may sign, veto, or line-item veto appropriations; the Legislature may override by two-thirds.
§ 9 Governor may fill certain vacancies
The Governor fills certain vacancies until they are filled by election or as otherwise provided.
§ 10 Governor's appointive power -- Governor to appoint to fill vacancy
The Governor appoints officers not otherwise provided for and fills vacancies by appointment.
§ 11 Vacancy in office of Governor -- Determination of disability
Provides for succession to the office of Governor and determination of the Governor's disability.
§ 12 Board of Pardons and Parole -- Appointment -- Powers and procedures
A Board of Pardons and Parole grants pardons, paroles, and commutations under law, except in cases of impeachment.
§ 14 Duties of Lieutenant Governor
The Lieutenant Governor performs duties assigned by law and succeeds to the office of Governor.
§ 15 Duties of State Auditor and State Treasurer
The State Auditor and State Treasurer perform the fiscal duties prescribed by law.
§ 16 Duties of Attorney General
The Attorney General is the legal adviser of state officers and performs duties prescribed by law.
§ 18 Compensation of state and local officers
Compensation of state and local officers is fixed by law and may not be changed during a term where prohibited.
§ 19 Grants and commissions
Grants and commissions issue in the name of the State and are signed by the Governor.
§ 20 The Great Seal
The Great Seal of the State is kept by the Governor and used for official acts.
§ 21 United States' officials ineligible to hold state office
Persons holding federal office are ineligible to hold state office, with stated exceptions.
Article VIII Judicial Department
§ 1 Judicial powers -- Courts
The judicial power is vested in a Supreme Court, a trial court of general jurisdiction (district court), and such other courts as the Legislature establishes.
§ 2 Supreme court -- Chief justice -- Declaring law unconstitutional
The Supreme Court is the state's highest court; a majority is required to declare a law unconstitutional, and the court selects a chief justice.
§ 3 Jurisdiction of Supreme Court
The Supreme Court has appellate jurisdiction and original jurisdiction over specified matters and to issue extraordinary writs.
§ 4 Rulemaking power of Supreme Court -- Judges pro tempore -- Regulation of practice of law
The Supreme Court adopts rules of procedure and evidence, governs the practice of law, and may assign judges pro tempore.
§ 5 Jurisdiction of district court and other courts -- Right of appeal
The district court has original jurisdiction in all matters, and there is a right of appeal from final judgments.
§ 6 Number of judges of district court and other courts -- Divisions
The number of judges and the divisions of the district and other courts are provided by law.
§ 7 Qualifications of justices and judges
Justices and judges must be citizens, state residents, and licensed to practice law in Utah as required.
§ 8 Vacancies -- Nominating commissions -- Senate approval
Judicial vacancies are filled by the Governor from nominees of a nominating commission, subject to Senate confirmation.
§ 9 Judicial retention elections
Justices and judges stand for unopposed retention elections at the end of their terms.
§ 10 Restrictions on justices and judges
Justices and judges may not hold other office or engage in prohibited political or business activity.
§ 11 Judges of courts not of record
Provides for judges of courts not of record, such as justice courts.
§ 12 Judicial Council -- Chief justice as administrative officer -- Legal counsel
A Judicial Council governs court administration, with the chief justice as the administrative head of the courts.
§ 13 Judicial Conduct Commission
A Judicial Conduct Commission investigates and recommends discipline, suspension, or removal of judges for misconduct or disability.
§ 14 Compensation of justices and judges
Judicial compensation is fixed by law and may not be diminished during a term of office.
§ 15 Mandatory retirement
The Legislature may set a mandatory retirement age for justices and judges.
§ 16 Public prosecutors
Provides for public prosecutors to prosecute criminal cases as designated by law.
Article IX Congressional and Legislative Apportionment
§ 1 Dividing the state into districts
The Legislature divides the State into congressional, legislative, and other districts after each federal census.
§ 2 Number of members of Legislature
Sets the range for the number of members of the Senate and House of Representatives.
Article X Education
§ 1 Free nonsectarian schools
The Legislature shall provide for a free public education system open to all children and free from sectarian control.
§ 2 Defining what shall constitute the public school system
Defines the public education system to include kindergarten through higher and applied technology education as provided by law.
§ 3 State Board of Education
General control and supervision of the public education system is vested in a State Board of Education.
§ 4 Control of higher education system by statute -- Rights and immunities confirmed
The higher education system is governed as provided by statute, confirming the rights and immunities of institutions.
§ 5 State School Fund and Uniform School Fund -- Establishment and use -- Debt guaranty
Establishes the permanent State School Fund and the Uniform School Fund and restricts their use to public education.
§ 7 Proceeds of land grants constitute permanent funds
Proceeds from federal land grants for schools form permanent funds whose principal is inviolate.
§ 8 No religious or partisan tests in schools
No religious or partisan test or qualification may be required of teachers or students in public schools.
§ 9 Public aid to church schools forbidden
No public money or property shall be appropriated to or used to support any school controlled by a religious organization.
Article XI Local Governments
§ 1 Counties recognized as legal subdivisions
Existing counties are recognized as legal subdivisions of the State.
§ 2 Moving a county seat
Provides the procedure and voter approval required to move a county seat.
§ 3 Changing county lines
County boundaries may be changed only as provided by law and with required approvals.
§ 4 Optional forms of county government
Counties may adopt optional or alternative forms of government.
§ 5 Cities and towns -- Incorporation, organization, and charter cities
Cities and towns are created under general law, not special laws, and may adopt home-rule charters.
§ 6 Municipal water rights and sources of water supply
Municipalities may not dispose of water rights or sources of water supply except as permitted.
§ 7 Special service districts
The Legislature may authorize special service districts to provide specified services.
§ 8 Additional political subdivisions
Authorizes political subdivisions in addition to counties, cities, towns, school districts, and special service districts.
§ 9 Consent of local authorities necessary for use of streets
No public utility may use local streets without the consent of the local authorities.
§ 10 Election of County Sheriffs
County sheriffs are elected officers.
Article XII Corporations
§ 1 Corporations formation
Corporations are formed under general laws, not special acts.
§ 4 Suits
Corporations may sue and be sued in all courts as natural persons.
§ 12 Common carriers -- No discrimination
Common carriers may not make unjust discrimination in charges or service.
§ 19 Blacklisting forbidden
The exchange of blacklists among employers to prevent persons from obtaining employment is forbidden.
§ 20 Free market system as state policy -- Restraint of trade and monopolies prohibited
It is state policy to foster a free market; combinations in restraint of trade, price-fixing, and monopolies are prohibited.
Article XIII Revenue and Taxation
§ 1 Fiscal year
Fixes the State's fiscal year.
§ 2 Property tax
Tangible property is taxed uniformly and in proportion to its fair market value.
§ 3 Property tax exemptions
Exempts specified property (government, religious, charitable, and residential) from property taxation.
§ 4 Other taxes
The Legislature may provide for income, sales, and other taxes as authorized.
§ 5 Use and amount of taxes and expenditures
Restricts the use of income and intangible-property tax revenues to public education and social services; requires appropriations for spending.
§ 6 State Tax Commission
A State Tax Commission administers and supervises the tax laws of the State.
§ 7 County boards of equalization
County boards of equalization adjust and equalize property assessments.
§ 8 Annual statement
An accounting of public receipts and expenditures shall be published annually.
Article XIV Public Debt
§ 1 Fixing the limit of the state indebtedness -- Exceptions
Limits state indebtedness to a percentage of taxable property value, with exceptions.
§ 2 Debts for public defense
The State may contract debts to suppress insurrection, defend the State, or assist in war.
§ 3 Local debt not to exceed taxes -- Purposes
Debt of counties, cities, towns, school districts, and other subdivisions may not exceed anticipated taxes except for specified purposes.
§ 4 Limit of indebtedness of local subdivisions -- Larger indebtedness may be allowed
Caps local indebtedness by reference to taxable property value, with voter approval required for larger debt.
§ 5 Borrowed money to be applied to authorized use
Money borrowed for one purpose may not be diverted to another.
§ 6 State not to assume local debts -- Exception
The State may not assume the debt of any subdivision except as expressly provided.
§ 7 Existing indebtedness not impaired
This article does not impair debts existing when it took effect.
Article XV Militia
§ 1 How constituted
The militia consists of all able-bodied residents as provided by law, with authorized exemptions.
§ 2 Organization and equipment
The Legislature provides for organizing, arming, disciplining, and equipping the militia.
Article XVI Labor
§ 1 Rights of labor to be protected
The Legislature shall pass laws to protect the rights and welfare of workers.
§ 2 Board of labor
Authorizes a board or bureau of labor to advance workers' interests.
§ 3 Certain employment and practices to be prohibited
Prohibits specified dangerous or exploitative employment practices.
§ 4 Exchange of blacklists prohibited
The exchange of blacklists to deny employment is prohibited.
§ 5 Injuries resulting in death -- Damages
The right of action for wrongful death and the recovery of damages may not be abrogated, and the amount is not limited.
§ 6 Eight hours a day's labor on public works -- Health and safety laws
Eight hours constitutes a day's work on public works, and the Legislature enacts health and safety laws for workers.
§ 7 Legislature to enforce this article
The Legislature shall enact laws to enforce this article.
§ 8 Minimum wage for women and minors -- Comfort and safety laws
Authorizes minimum-wage and comfort and safety laws for women and minors in employment.
Article XVII Water Rights
§ 1 Existing rights confirmed
All existing rights to the use of water for beneficial purposes are recognized and confirmed.
Article XVIII Forestry
§ 1 Forests to be preserved
The Legislature shall enact laws for the preservation and protection of the State's forests and watersheds.
Article XX Public Lands
§ 1 Land grants accepted on terms of trust
Lands granted to the State by the United States are accepted and held in trust for the purposes of the grants.
§ 2 School and institutional trust lands
School and institutional trust lands are managed prudently and profitably for the exclusive benefit of their beneficiaries.
Article XXII Miscellaneous
§ 1 Homestead exemption
A homestead shall be exempt from forced sale for debt as provided by law.
§ 3 Seat of government
Fixes the permanent seat of state government at Salt Lake City.
§ 4 State trust fund -- Principal to be held in perpetuity -- Use of income
Establishes a state trust fund whose principal is held in perpetuity and only whose income may be spent.
§ 5 Officers may not profit
Public officers may not profit from public funds or their office beyond lawful compensation.
Article XXIII Amendment and Revision
§ 1 Amendments: proposal, election
Amendments proposed by a two-thirds vote of each house are submitted to the voters and take effect if approved by a majority.
§ 2 Revision of the Constitution
A constitutional convention to revise the Constitution may be called by a two-thirds vote of each house with voter approval.
§ 3 Submission to electors
Proposed amendments or revisions are published and submitted to the electors for ratification.
Article XXIV Schedule
§ 1-16 Transitional provisions
Transitional provisions carrying territorial laws, actions, contracts, offices, prosecutions, and court causes into statehood, and providing for the ratification election and the Constitution's effective date. Largely spent.
Full, verbatim text at Utah Legislature