Utah’s 2026 Legislature may be remembered for what it didn’t do.
And for one sneaky and unproductive thing it did at the last minute.
Lawmakers didn’t gut the state’s popular vote-by-mail system, despite early momentum to do so. Voters will have to show a proof of citizenship either when they register or when they vote, which is new. That may affect some people who do not possess a passport and can’t find a birth certificate or other form of proof.
But a bill that would have made voters opt in either to submit a ballot through the mail or to use drop boxes manned by officials who would check ID passed the House but failed in the Senate. This is good. A recent audit found irregularities that amounted to about 0.1% of the state’s registered voters. Polls have shown overwhelming support for the vote-by-mail system.
Lawmakers also did not create a new elected secretary of state position to handle elections in the state. This was a solution in search of a problem. Instead, the lieutenant governor will be required to create a plan for avoiding the need to oversee her own election.
Immigration
Lawmakers also did not scuttle the Utah Compact, which has been heralded as a model for how states should handle undocumented immigrants. Bills to tax money transfers by immigrants in the country illegally, to require businesses to verify legal status and to end subsidies for such immigrants all failed. This is a good thing. The Compact represents an ideal balance between law enforcement and intelligent accommodations for people important to the local economy.
However, on another contentious subject, lawmakers surprised observers with a last-minute bill that would make it much harder for people who signed petitions for a ballot measure to remove their signatures.
A last-minute bill
Better Boundaries is a nonprofit that supports Proposition 4, a 2018 measure voters approved to set up an independent commission to draw the state’s political boundaries. The organization sent thousands of letters to people who had signed petitions to repeal that proposition, providing them with prepaid forms to send to county clerks, asking that their signatures be removed.
The bill, which passed with 90 minutes left in the session and was immediately signed by the governor, prohibits prepaid postage for such purposes, except for those already postmarked before the end of the session.
Such a measure deserves a full hearing by committees in both chambers, with the chance for Utahns to chime in and their representatives to debate. This last-minute move advantages lawmakers who oppose Proposition 4. It is also likely to raise cynicism and distrust among voters.
That leads into the other issue for which the ’26 session will be remembered — new laws affecting the judiciary.
Judicial changes
Much of the session was clouded by the uncertainty over how Utah’s congressional boundaries would look in this year’s November midterm elections. Near the end of the session, a three-judge panel convened by the 10th Circuit Court of Appeals ended the confusion by denying the request by several elected officials to overturn a map that 3rd District Judge Dianna Gibson had imposed on the state.
The decision establishes a map for 2026 that creates one congressional district that leans heavily Democratic and three that lean Republican.
The ruling won’t end this matter.
Indeed, legislative leaders are correct in worrying about unelected judges drawing districts, and that a recent court ruling makes some types of successful initiatives untouchable by lawmakers. After all, lawmakers themselves often amend, change or repeal laws they previously passed.
Lawmakers voted to expand the state Supreme Court from five to seven justices, despite objections from the judicial branch. They also established a three-judge district court that will solely handle lawsuits that raise constitutional questions.
Court records will be easier for Utahns to access, thanks to a new statewide searchable portal. Judges will be required to disclose financial information.
Critics say these were payback for rulings legislative leaders opposed. However, more onerous changes, including requiring judges to obtain a two-thirds majority in retention elections, failed.
Meanwhile, the Great Salt Lake entered the spotlight again amid a persistent drought. A number of measures will add to its water levels, and President Donald Trump promised to summon much-needed federal aid.
One more accomplishment by this year’s Legislature deserves mentioning.
Income taxes keep dropping
For the sixth year in a row, they cut the state’s flat-rate income tax. This year, they whittled it down by a mere 0.05 percentage points, or about $40 per year for an average taxpayer.
Add the six years together, however, and the average taxpayer has saved about $400 per year, which is not small.
Utah is unique in that its yearly lawmaking session is strictly limited to 45 days. Its lawmakers are unique, for a state Utah’s size, in that they are average citizens who spend most of the year living and working among the people they serve.
The system isn’t perfect, but none is. However, given what passed and didn’t pass this session, it’s doubtful a body of full-time lawmakers with much more time on their hands could have done better.