Referendum on collective bargaining set for 2026 ballot but talks are happening over changes

SALT LAKE CITY (ABC4) — Governor Cox issued an executive order Monday directing a referendum of a controversial ban on public labor union collective bargaining to appear on the ballot in the 2026 general election for voters to decide its fate.

But the sponsor of the legislation, Rep. Jordan Teuscher, R – South Jordan, says a repeal and replace of the bill is not off the table.

“Legislative leaders are actively meeting with union representatives to find a responsible and constructive path forward on Utah’s collective bargaining ban,” he said.

The order comes after Cox decided against calling a special statewide election in 2025, and after Lt. Governor Deidre Henderson’s June 21 declaration that organizers met the required number of voter signatures, 140,748 in 15 of 29 Senate districts, in order to meet the legislature’s requirement of placing the referendum on the ballot. The labor groups crushed that goal, ending with a total of 251,274 signatures in 23 Senate districts.

Citing recent polling from the Deseret News that showed Utahns split with 36% in favor of repeal, 32% opposed to it, and 31% undecided, Tescher said that his preference would be for the two sides to get to a version of the policy that brings along a bigger consensus of Utahns to create the best policy for the state.

“I think we’ve learned some things since the general session,” he said. “And certainly the strong signature gathering response shows there are some people who think we went too far.”

But, he added, that an outright repeal of the law was not likely.

“I don’t think that’s a good direction for the state,” Teuscher said. “While public opinion remains divided, the ongoing discussions have been productive, and the legislature is committed to identifying a solution that best serves the long-term interests of the state.

Tescher said that could look like just changing the portion of the bill that bans collective bargaining, perhaps reverting to a compromise version that required a majority of the union members to sign off on being represented, but leaves the other provisions, like prohibiting public unions from accessing the state’s retirement system.

He said the two sides would continue to work to reach a consensus on any changes, and if they couldn’t, then the default would be for the issue to be decided by voters.

Those changes could come as soon as the fall, when there is likely to be a special session, but there is also another legislative session in 2026 before the election.

The legislature does have a history of changing citizen-led policy.

In 2018, voters gathered enough signatures to repeal a tax reform package that cut income tax but increased taxes on food and fuel; the legislature repealed the law before it made it to the ballot.

That same year, the legislature also passed a medical marijuana program to replace a citizen-led ballot initiative after voters approved their version.

The legislature has also made significant changes that altered citizen-led initiatives on redistricting and Medicaid. In the redistricting case that’s currently waiting on a ruling from the courts, the Utah Supreme Court ruled that the legislature went too far in altering that initiative; Utahns have a right to alter and reform their government.

H.B. 267 “Public Sector Labor Union Amendments” passed the Utah Senate on Feb. 6, 2025, and was signed by Governor Cox just over a week later. The bill’s passage sparked widespread backlash from teachers, firefighters, county employees, and other public unions, which led to the signature campaign.

Lt. Governor Henderson ordered a stay of the bill on May 6 as county clerks worked to certify signatures; now the law will stay paused until the results of the election on November 3, 2026, unless the legislature changes the law first.