Utah legislature approves asking voters to amend Utah constitution on initiatives

SALT LAKE CITY — Utah lawmakers have voted to approve language to be placed on November’s general election ballot asking voters whether they want to allow the legislature the ability to alter and repeal laws citizens make via initiative. If voters do that, then repealing laws via referendum and gets easier.

The Senate first took up the measures during Wednesday’s emergency special session, ultimately voting 20-8 on the language with two Republicans, Sen. Wayne Harper and Sen. Daniel Thatcher, joining Democrats in opposition. Later, the House passed it 54 to 20 with seven Republicans voting against it.

The legislature also passed a bill that would take effect if the amendment is approved by a majority of voters on November 5.

It says that if the legislatures amends a citizen ballot measure that’s passed, the legislature “shall give deference to the initiative in a manner that, in the Legislature’s determination, leaves in tact the general purpose of the initiative.”

It also says the legislature may alter any initiative that has an “adverse fiscal impact.”

During floor debate, the senate Sponsor, Sen. Kirk Cullimore – R, Draper argued said the deference was an attempt to show that the legislature will give priority to the intent of initiatives.

But one Democrat pushed back saying the language still allows the legislature to determine what that intent is.

The bill also creates more time for groups to gather signatures to either initiative new laws, or repeal them via referendum.

NEW: While we were all paying attention to whether the constitutional amendment would pass, the #utleg made a key change to what happens if voters approve the Constitution change this November.

It says that if lawmakers change an initiative, they have to give “deference” to… pic.twitter.com/dH7bgG5PM6

— Lindsay Aerts (@LindsayOnAir) August 22, 2024

Why the legislature wants the ability to amend, repeal

During floor debate, the House sponsor of the amendment language, Rep. Jordan Teuscher, R- South Jordan argued that Utah’s framers intended initiative powers to be co-equal with the legislature, and a recent Supreme Court ruling in the redistricting case that limited that power “disrupted” that balance.

“This constitutional amendment has nothing to do with redistricting,” he said. “We’re not bringing forth this constitutional amendment because the legislature is butthurt that maybe we might have to redraw maps. It has to do with a lasting impression that could last for generations and completely change our state.”

The Senate Sponsor, Sen. Kirk Cullimore – R, Draper, said the ruling could create “super laws” — laws that can’t be changed at all — because of the ambiguity he believes exists in the ruling for what constitutes a government-reform initiative.

“All we need to do is create a path where the legislature can help still further the intent of the people through their initiatives, but make it fit within current law and budgetary constraints,” he told KSL TV before the floor debate.

But one Republican who voted against the measure said he thought the ruling was clear, by stating that “this doesn’t mean that the legislature can’t reform a government-reform initiative at all. Rather legislative changes that facilitate or support the reform, or at least do not impair the reform enacted by the people, would not implicate the people’s right.”

“I don’t believe the public will come around on this and I don’t think it is likely to pass in November,” Sen. Daniel Thatcher, R-West Valley City, said. “But I do think this will give us the biggest black eye we could have as a Legislature.”

Representative Joel Briscoe, D – Salt Lake read from the verbiage of Utah’s Constitution. “All political power is inherent in the people, and they have the right to alter or reform their government as the public welfare may require,” it reads.

“I don’t see anything in here that says they have to ask permission of 104 people up here,” Briscoe said.

Earlier in the day, a passionate committee hearing led to some being escorted out — many seemed to be opposed to the measure at times, yelling that lawmakers were undermining their rights.

The ruling in the redistricting case

Wednesday’s session is a response to the July Supreme Court ruling on Utah’s redistricting case. Utah’s highest court ruled that Utah’s constitution protects the people’s right to “alter and reform” their government.

That case centered around whether a voter-led initiative that created an independent redistricting commission to draw new congressional boundaries should have stayed in place, or whether the legislature’s decision to adopt its own maps amounts to a constitutional violation.

“The people’s exercise of their right to reform the government through an initiative is constitutionally protected from government infringement, including legislative amendment or repeal that impairs the intended reform,” the Supreme Court’s unanimous opinion stated.

“This does not mean that the legislature can’t reform a government-reform initiative at all,” the ruling added. “Rather legislative changes that facilitate or support the reform, or at least do not impair the reform enacted by the people, would not implicate the people’s right under the Alter and Reform clause.”

But top state leaders have contended that the ruling was left with enough ambiguity that “big money groups” could come into Utah and advertise, creating a scenario where Utah is “like California” — which by some means governed by initiatives.

Wednesday’s emergency session was also a result of that argument. Lawmakers contend that this year is the last chance for them to amend the constitution before the 2026 election. That is the next election where initiatives would be allowed to be placed on the ballot.

Lawmakers also changed other measures during the special session — speeding up a deadline to be able to place this constitutional language on the ballot in time for ballots to be printed and changes to the referendum process if the ballot measure passes.

 

Utah reacts to bill

“The Salt Lake Chamber supports the foundational principle of respecting the will of the people in lawmaking processes, whether through their duly elected representatives or constitutional ballot initiatives,” the Salt Lake Chamber said in a statement on the Constitutional amendment.

The Utah Senate Democrats released a statement, opposing the special session, and said it was unnecessary.

“Instead of respecting the Court’s ruling and the checks and balances essential to a healthy democracy, the Legislature is now attempting to sidestep these protections by embedding its power into the Constitution, granting disproportionate authority to lawmakers over the will of the people,” citing the decision undermines the democratic process.

The Utah Democratic Party issued a statement, and said “The Republican Supermajority claims they want to preserve representative government, but today, they showed that their real priority is holding onto power — no matter how many Utahns they have to steamroll to do so.”

Rep. Brian King responded to the special session, calling the legislative supermajority’s actions a “direct assault on democracy.”

“Today’s vote is a blatant power grab by the legislature. It kicks the will of the people to the curb. The Legislature has turned itself into its own judge and jury,” King’s statement read. “We must fight back against this abuse of power and restore the integrity of our democratic process. I will not stand by while our rights are trampled.”