Freedom Index

A Legislative Scorecard Based on the Principles of the U.S. Constitution

Votes


State-Sponsored Preschool for All  |  SB258

SB258 expands the Utah Preparing Students Today for a Rewarding Tomorrow (UPSTART) program participation to all preschool children and residential certificate preschool providers.   

The Senate passed SB258 on March 3, 2023, by a vote of 26 to 0. We have assigned minuses to the yeas because this bill threatens educational freedom by attempting to displace traditional private and home education options in favor of a state-sponsored, universal preschool program. By means of curriculum controls and dependency on taxpayer funds, UPSTART effectively turns all participating preschools into government preschools. Moreover, education is not the role of government; a child’s education is the responsibility of—and a fundamental right of choice retained by—his or her parents.  Forcing the citizens of Utah to hand over more of their hard-earned tax dollars to further support a compulsory, government-run, and failing K-12 school system violates their individual liberties guaranteed by the Bill of Rights.

Federal Firearm Enforcement Limitation Act  |  HB219

HB219, the “Federal Firearm Enforcement Limitation Act,” prohibits state and local agencies from “implementing, enforcing, assisting, or cooperating in the enforcement of a federal regulation on firearms, firearm accessories, or ammunition.”

The Senate passed HB219 on March 3, 2023, by a vote of 20 to 6. We have assigned pluses to the yeas because this bill, despite containing significant exceptions or loopholes, declares that the state will not enforce certain federal firearms regulations, while recognizing its commitment to securing “the right of individual Utah citizens to keep and bear arms” from “unconstitutional government interference.” Whenever the federal government assumes power to impose firearms restrictions in blatant violation of the Bill of Rights and the 14th Amendment, nullification of such acts by the several States is the proper remedy.   

Closing Abortion Clinics  |  HB467

HB467 prevents an abortion clinic from being licensed after May 2, 2023, and from operating on or after January 1, 2024, or when their license expires.

The House passed HB467 on March 3, 2023, by a vote of 56 to 14. We have assigned pluses to the yeas because the care of human life—not its destruction—is the greatest responsibility of government. Utah ought to forbid the practice of abortion entirely and secure the right to life for every preborn child. The right to life is the most fundamental, God-given, and unalienable right asserted in the Declaration of Independence and protected by the Fifth and 14th Amendments to the U.S. Constitution.

Closing Abortion Clinics  |  HB467

HB467 prevents an abortion clinic from being licensed after May 2, 2023, and from operating on or after January 1, 2024, or when their license expires.

The Senate passed HB467 on March 2, 2023, by a vote of 22 to 6. We have assigned pluses to the yeas because the care of human life—not its destruction—is the greatest responsibility of government. Utah ought to forbid the practice of abortion entirely and secure the right to life for every preborn child. The right to life is the most fundamental, God-given, and unalienable right asserted in the Declaration of Independence and protected by the Fifth and 14th Amendments to the U.S. Constitution.

CHIP “Benefits” for Illegal Aliens  |  SB217

SB217 creates new Children’s Health Insurance Program (CHIP) “benefits” for non-citizen children aged 18 or younger who are not lawfully present in United States.  

The Senate passed SB217 on March 2, 2023, by a vote of 25 to 3. We have assigned pluses to the nays because persons who enter the United States illegally—which, by definition, is a crime—ought not to be permitted sanctuary or residency in Utah, let alone be considered eligible for CHIP “benefits.” Besides, neither health care nor social welfare is the legitimate object of government. CHIP, like Medicaid and other so-called federal and state-level ‘entitlement’ programs, relies on the unjust use and taxation of the American citizen’s income, a violation of not only Article 1, Section 8, of the U.S. Constitution, but the Bill of Rights and the 14th Amendment.   

CHIP “Benefits” for Illegal Aliens  |  SB217

SB217 creates new Children’s Health Insurance Program (CHIP) “benefits” for non-citizen children aged 18 or younger who are not lawfully present in United States.  

The House passed SB217 on March 1, 2023, by a vote of 64 to 7. We have assigned pluses to the nays because persons who enter the United States illegally—which, by definition, is a crime—ought not to be permitted sanctuary or residency in Utah, let alone be considered eligible for CHIP “benefits.” Besides, neither health care nor social welfare is the legitimate object of government. CHIP, like Medicaid and other so-called federal and state-level ‘entitlement’ programs, relies on the unjust use and taxation of the American citizen’s income, a violation of not only Article 1, Section 8, of the U.S. Constitution, but the Bill of Rights and the 14th Amendment.   

Prohibiting Instant Run-Off Voting in Municipal General Elections  |  SB291

SB291 would bar the use of instant run-off voting in municipal general elections.

The Senate failed to pass SB291 on February 28, 2023, by a vote of 12 to 13. We have assigned pluses to the yeas because the Municipal Alternate Voting Methods Pilot Project, which enacted instant-runoff voting (IRV) or ranked-choice voting (RCV) in Utah, should be repealed. The various “alternative voting methods” under the IRV/RCV model are complicated, multiple-round, and unconstitutional processes that weaken election integrity by allowing a candidate to potentially win without genuine support from a plurality of voters. These schemes’ ballot casting requirements cause voter disenfranchisement by undermining each citizen’s right to vote, and could deny them from being able to select the one and only candidate of their choice.

Rightful Return of Firearms Seized at Airports  |  HB461

HB461 provides that a firearm seized from an individual at an airport shall be returned to that individual if they are the rightful owner of and may lawfully possess the firearm.

The House passed HB461 on February 24, 2023, by a vote of 58 to 14. We have assigned pluses to the yeas because this bill helps to restore the constitutional rights of law-abiding citizens. The Second Amendment guarantees that “the right of the people to keep and bear Arms, shall not be infringed,” while the Bill of Rights and the 14th Amendment prevent “any State” from depriving or denying “any person” of their “life, liberty, or property, without due process of law.”

Contingency Voting in Primary Elections  |  HB205

HB205 would establish a majority-based runoff process in regular primary elections through contingency voting.

The House passed HB205 on February 17, 2023, by a vote of 38 to 36. We have assigned pluses to the nays because this bill would for all intents and purposes enact a form of instant-runoff voting (IRV) or ranked-choice voting (RCV) in Utah statewide. Contingency voting (CV) is just another version of the various “alternative voting methods” under the complicated, multiple-round, and unconstitutional IRV/RCV system that weakens election integrity by allowing a candidate to potentially win without genuine support from a plurality of voters. The scheme’s ballot casting requirements cause voter disenfranchisement by undermining each citizen’s right to vote, and could deny them from being able to select the one and only candidate of their choice.

State Funding of Low-Income Family 529 Plans  |  HB116

HB116 allows an individual experiencing “intergenerational poverty” to receive a state match of deposits into certain 529 savings accounts.  

The House passed HB116 on February 13, 2023, by a vote of 66 to 0. We have assigned minuses to the yeas because the funding of college tuition expenses or “tax-advantaged” education savings plans is not the role of government—rather, it is the responsibility of the students or private account holders themselves. The state has absolutely no business identifying persons of “intergenerational poverty” based on their family’s income history, and ought not to discriminatorily provide one group of individuals, who have little or no tax liability, with government funds at the expense of other, hard-working residents. In reality, this bill is counterproductive, and will only cause more debt, poverty, and government dependency.

Ban on Sex Mutilation Against Minors  |  SB16

SB16 bans “transgender medical treatments and procedures” against minor children.

The Senate passed SB16 on January 27, 2023, by a vote of 20 to 8. We have assigned pluses to the yeas because no person has a right to abuse a child using the pretext of LGBTQ+ ideology. Sex mutilation against minor children violates their unalienable right to life and limb, as it absurdly attempts to erase their biological characteristics with fictional “gender” constructs. According to the Bill of Rights and the 14th Amendment of the U.S. Constitution, the States have a duty to protect the humanity of all people—male and female—who, as the Declaration of Independence affirms, are created by God and form the basis of individual and family self-government.

Ban on Sex Mutilation Against Minors  |  SB16

SB16 bans “transgender medical treatments and procedures” against minor children.

The House passed SB16 on January 26, 2023, by a vote of 58 to 14. We have assigned pluses to the yeas because no person has a right to abuse a child using the pretext of LGBTQ+ ideology. Sex mutilation against minor children violates their unalienable right to life and limb, as it absurdly attempts to erase their biological characteristics with fictional “gender” constructs. According to the Bill of Rights and the 14th Amendment of the U.S. Constitution, the States have a duty to protect the humanity of all people—male and female—who, as the Declaration of Independence affirms, are created by God and form the basis of individual and family self-government.

Election Security  |  HB313

HB313 enhances election security and voter confidence by instituting a number of election and ballot-related security measures, including valid voter identification requirements, video surveillance of unattended ballot drop boxes, and an annual voter registration audit.

The Senate passed HB313 on March 2, 2022, by a vote of 22 to 7. We have assigned pluses to the yeas because states should exercise their authority, under Article 1, Section 4, of the U.S. Constitution, to implement free, fair, and secure elections, guaranteeing equal protection of the right of citizens of the United States to vote.

Social Services Budget  |  HB7

HB7 is the social services base budget bill for the State of Utah. This bill appropriates $247,133,400 for FY 2022, plus $7,934,112,600 for FY 2023.

The Senate passed HB7 on January 27, 2022, by a vote of 26 to 0. We have assigned minuses to the yeas because social services represents the biggest base budget category in Utah, relying heavily on unconstitutional federal funding, caused in large part by continued participation in the state’s costly Medicaid programs. States should oppose the use of federal taxpayer money for purposes not authorized under Article 1, Section 8, of the U.S. Constitution.

Ending Mask Mandates  |  SJR003

SJR3 terminated the public health orders that required the wearing of a mask or face covering in Salt Lake County, Summit County, Salt Lake City, or any other locality in Utah.

The Senate passed SJR3 on January 18, 2022, by a vote of 22 to 5. We have assigned pluses to the yeas because mask mandates should be opposed, as an individual’s non-injurious activities, including personal health care decisions, are not the legitimate object of government, nor should be under federal, state, or local jurisdiction in the United States. To compel American citizens to cover their faces in such a manner is to violate their fundamental rights protected by the Bill of Rights and the 14th Amendment to the U.S. Constitution.

Limiting Presidential Executive Orders  |  HB415

HB415 prevents the enforcement of certain executive orders by the President of the United States, requires the Utah Constitutional Defense Council to review certain presidential executive orders, and authorizes the state Attorney General or Governor to seek to have the executive order declared unconstitutional.

The Senate passed HB415 on March 5, 2021, by a vote of 18 to 6. We have assigned pluses to the yeas because presidential executive orders should only be issued to enforce the U.S. Constitution and the “laws which shall be made in pursuance thereof” by Congress, according to Article 2 and Article VI of the U.S. Constitution. Whenever executive orders issued by the President involve the assumption of unconstitutional powers, nullification of such acts by the states remains protected by the Bill of Rights.  

Civilian Review Boards  |  SB157

SB157 would require the Utah Department of Safety to assist counties and municipalities in establishing “citizen advisory boards.” Such local boards would have the “authority to review and make recommendations” regarding “police conduct or misconduct.”

The Senate passed SB157 on February 17, 2021, by a vote of 21 to 6. We have assigned pluses to the nays because unelected ‘civilian review boards’ are an attempt to exert control over state and local law enforcement, a power that, under both Article IV, Section 4, and the 10th Amendment of the U.S. Constitution, is guaranteed to be reserved to each state and–by devolvement–local government. In a republic, government is limited to rule of law of, by, and for the people, whose representative officials shall alone exercise legitimate civil authority.

Election Security  |  HB313

HB313 enhances election security and voter confidence by instituting a number of election and ballot-related security measures, including valid voter identification requirements, video surveillance of unattended ballot drop boxes, and an annual voter registration audit.

The House passed HB313 on March 3, 2022, by a vote of 56 to 14. We have assigned pluses to the yeas because states should exercise their authority, under Article 1, Section 4, of the U.S. Constitution, to implement free, fair, and secure elections, guaranteeing equal protection of the right of citizens of the United States to vote.

Social Services Budget  |  HB7

HB7 is the social services base budget bill for the State of Utah. This bill appropriates $247,133,400 for FY 2022, plus $7,934,112,600 for FY 2023.

The House passed HB7 on January 26, 2022, by a vote of 69 to 0. We have assigned minuses to the yeas because social services represents the biggest base budget category in Utah, relying heavily on unconstitutional federal funding, caused in large part by continued participation in the state’s costly Medicaid programs. States should oppose the use of federal taxpayer money for purposes not authorized under Article 1, Section 8, of the U.S. Constitution.

Ending Mask Mandates  |  SJR3

SJR3 terminated the public health orders that required the wearing of a mask or face covering in Salt Lake County, Summit County, Salt Lake City, or any other locality in Utah.

The House passed SJR3 on January 21, 2022, by a vote of 45 to 29. We have assigned pluses to the yeas because mask mandates should be opposed, as an individual’s non-injurious activities, including personal health care decisions, are not the legitimate object of government, nor should be under federal, state, or local jurisdiction in the United States. To compel American citizens to cover their faces in such a manner is to violate their fundamental rights protected by the Bill of Rights and the 14th Amendment to the U.S. Constitution.

Limiting Presidential Executive Orders  |  HB415

HB415 prevents the enforcement of certain executive orders by the President of the United States, requires the Utah Constitutional Defense Council to review certain presidential executive orders, and authorizes the state Attorney General or Governor to seek to have the executive order declared unconstitutional.

The House passed HB415 on March 2, 2021, by a vote of 55 to 17. We have assigned pluses to the yeas because presidential executive orders should only be issued to enforce the U.S. Constitution and the “laws which shall be made in pursuance thereof” by Congress, according to Article 2 and Article VI of the U.S. Constitution. Whenever executive orders issued by the President involve the assumption of unconstitutional powers, nullification of such acts by the states remains protected by the Bill of Rights.  

Civilian Review Boards  |  HB283

HB283 would create the Community and Police Relations Commission in Utah. The commission, comprised of various state government officials and community members appointed for two-year renewable terms, would be required to address “systemic issues of inequality and racial disparities,” as well as report on “data collection” and “law enforcement transparency.”

The House passed HB283 on February 18, 2021, by a vote of 39 to 29. We have assigned pluses to the nays because unelected ‘civilian review boards’ are an attempt to exert control over state and local law enforcement, a power that, under both Article IV, Section 4, and the 10th Amendment of the U.S. Constitution, is guaranteed to be reserved to each state and–by devolvement–local government. In a republic, government is limited to rule of law of, by, and for the people, whose representative officials shall alone exercise legitimate civil authority.