Election season is upon us, and many decisions must be made to improve the nation, state and local communities. For the past year, candidates have campaigned and debated, but soon, it will be time to vote. Not only will all eligible voters within our community be able to vote candidates into office, but the opportunity to vote on amendments or changes to Utah Constitution will also present itself.
One specific area of the Utah constitution being voted on is Amendment C, which changes how sheriffs are elected. Currently, sheriffs in Utah are brought into office via election. However, this proposed amendment aims to ratify this process into the state constitution.
“Currently, the office of sheriff is governed only by statutory law and county ordinance. This would elevate the position to a state constitutional officer,” Darcy Goddard, an attorney in Salt Lake City, said.
In Utah, specifically in Salt Lake County, the sheriff is the chief of law enforcement in the county’s unincorporated areas. The sheriff is also responsible for running the county’s adult detention center and is presently the de facto head of the unified police department.
Amendment C would require every county within Utah to have an elected sheriff who serves four-year terms, starting on Jan. 1 after the election.
The amendment was introduced by Utah’s Rep. Brad Wilson, once house speaker, and Senator Stuart Adams in 2023.
“Amendment C provides Utahns the opportunity to secure the election of county sheriffs in the state Constitution, reinforcing the principles of citizen participation and strengthening the bond between law enforcement and the public. Ensuring sheriffs are directly accountable to their communities enhances transparency, accountability and representation,” Stuart said.
Stuart believes that keeping the election process will create a more supportive community between civilian voters and those involved in Utah’s state government positions. The ability to continue voting within the sheriff’s leadership role, in turn, creates a sense of purpose for eligible voters, giving them a place among state, county, and local officials.
However, some concern exists about the status of the power sheriffs would have if Amendment C is passed.
“Opponents of the amendment are concerned that by elevating sheriffs to constitutional officers in the state constitution, sheriffs will feel bold, as they have in other states, to declare themselves the final arbiter of criminal laws within the entire state,” Goddard said.
Constitutional sheriffs, according to Goddard, often argue that they should determine the law in their respective states. This can lead to sheriffs having more final command than the state and federal courts.
Amendment C is one of the four potential changes Utahns can make to their constitution. However, the courts voided two of those proposals, Amendment A and Amendment D, but they will remain on the ballot.
“Your vote is your voice. It is a chance to become an integral part of the government structure that manages your everyday life,” Goddard said.
Election day is Nov. 5.