Proposition 5 amends present provisions of the Utah Constitution regarding the power of the people of the state to initiate legislation and submit it to a vote of the people for approval or rejection by majority vote. This proposition requires a two-thirds vote in order to adopt by initiative a state law allowing, limiting, or prohibiting the taking of wildlife or the season for or method of taking wildlife.
[Note: a lawsuit was filed by the Initiative & Referendum Institute October 23, 2000 (Initiative & Referendum Institute v. Herbert) in the United States District Court for the District of Utah. The lawsuit contended that Proposition 5 violates the First Amendment for a state to impose a 2/3 vote requirement only on a certain class of initiatives. The district court ruled against plaintiffs on September 11, 2001. This was appealed on June 26, 2002 to the United States Court of Appeals for the Tenth Circuit. In early 2007, the plaintiffs appealed to the United States Supreme Court.]