2024 Ballot Guide
Constitutional Amendment C
“Shall the Utah Constitution be amended to have the office of county sheriff be elected by voters?”
Summary
Constitutional Amendment C would add to the Utah Constitution the requirement that county sheriffs be elected by the public for four-year terms, a practice already provided for under state law.
Background
Utah law currently requires that county sheriffs be elected by the public to four-year terms. Constitutional Amendment C proposes to enshrine the election of sheriffs and their term length in the Utah Constitution.
The office of sheriff is a county-level position that is elected to partisan office for four-year terms in the vast majority of states. The only two states that do not have sheriffs are Alaska, which does not have counties, and Connecticut, which replaced its sheriffs with state and judicial marshals in 2000. Sheriffs are appointed in Hawaii by the state Department of Public Safety, in Rhode Island by the governor, and in a couple of counties in Colorado by their respective executive officers. Sheriffs are appointed to two-year terms in Arkansas and New Hampshire, to three-year terms in New Jersey, and to six-year terms in Massachusetts.
Arguments in Favor
STRENGTHENS DEMOCRATIC PROCESS: Including the election of county sheriffs in the state constitution ensures that this democratic process is protected and becomes significantly harder to alter. This move reinforces the commitment to public participation in selecting the chief law enforcement official for each county.
ENHANCES ENGAGEMENT AND ACCOUNTABILITY: This amendment would ensure that voters continue choosing their county sheriff, keeping the community actively involved in the law enforcement process for years to come. This fosters greater public engagement with those tasked for ensuring safety for their communities and accountability for those granted powerful authority under the law.
RECOGNIZES LAW ENFORCEMENT: The proposed amendment underscores the value of law enforcement by acknowledging their important role in serving and protecting the community by including it in our state’s foundational law.
Arguments Against
UNNECESSARY CHANGE: The existing law already ensures the election of county sheriffs and sets their term length at four years. Elevating this requirement to the state constitution is an unnecessary change that adds no additional benefit. If the amendment is not approved by voters, the existing law requiring the election of county sheriffs will remain in effect and nothing would change.
RESTRICTS FLEXIBILITY: Requiring county sheriffs be elected in the state constitution could limit flexibility in the future to adapt the process based on evolving needs or circumstances. Changes to the selection process might be necessary to address new challenges or improvements in law enforcement practices.
MORE OR LESS ACCOUNTABILITY: The identity and qualifications of those running for county sheriff is relatively unknown among voters, leading to less accountability for the position. The only check on their power comes from infrequent elections every four years or the budget process at the county level. On the other hand, some sheriffs may feel accountable to the voters during elections so acutely that they prioritize harsh crackdowns to show voters they are being tough on crime. This paradox between having too much and too little accountability can be removed by reserving the possibility of appointing law enforcement officials and having them be subject to civilian oversight, similar to what is done in cities and towns across the country in police and law enforcement departments.
Additional Information
Read the language of the proposed amendment: H.J.R. 10 (2023)
Watch the Committee Hearings
- House Law Enforcement and Criminal Justice Committee Hearing (Feb. 2, 2023)
- House Law Enforcement and Criminal Justice Committee Vote (9-0-4)
- Senate Judiciary, Law Enforcement, and Criminal Justice Committee Hearing (Feb. 13, 2023)
- Senate Judiciary, Law Enforcement, and Criminal Justice Committee Vote (3-0-3)
Watch the Floor Debates
- House Floor Debate (Feb. 6, 2023)
- House Floor Debate (Feb. 7, 2023)
- House 3rd Reading Vote (72-0-3)
- Senate Floor Debate (Feb. 15, 2023)
- Senate Floor Debate (Feb. 16, 2023)
- Senate 2nd Reading Vote (26-0-3)
- Senate Floor Debate (Feb. 17, 2023)
- Senate 3rd Reading Vote (26-0-3)
Read Other Resources