COURTS & LEGAL

Here’s what your ballot will say about Constitutional Amendment D on legislative power and citizen initiatives

Sep 3, 2024, 7:47 PM | Updated: Sep 4, 2024, 11:20 am

An upcoming ballot initiative will have Utah voters decide if the State government should have more...

An upcoming ballot initiative will have Utah voters decide if the State government should have more money during emergency situations. (KSL-TV)

(KSL-TV)

SALT LAKE CITY — Utahns will have a chance to change Utah’s constitution this November to decide who should have the final say on laws created by citizen ballot initiative, and the proposed language is now public.

The proposed amendment will read:

  • Should the Utah Constitution be changed to strengthen the initiative process by:
    • Prohibiting foreign influence on ballot initiatives and referendums.
    • Clarifying the voter’s and legislative bodies’ ability to amend laws.
  • If approved, state law would also be changed to:
    • Allow Utah citizens 50% more time to gather signatures for a statewide referendum.
    • Establish requirements for the legislature to follow the intent of a ballot initiative.
    • ( )FOR ( )AGAINST
Based on this language, a vote for the amendment means that you want Utah’s Constitution to grant the legislature the ability to repeal any citizen-led ballot measure and ban foreign (out of country) money from being used to sway ballot measures.
A vote against the amendment would mean Utah’s constitution should not change — that it’s citizens right to reform their government. A vote against would only allow the legislature the ability to repeal government reform citizen-led ballot measures if those changes are narrowly tailored and for compelling government interest.

As for other types of policy-based initiatives, the Utah legislature can effectively repeal them by changing statutes. But because of a recent Utah Supreme Court ruling, the legislature is limited when it comes to government reform initiatives. Legislative leaders have been clear they believe the ruling should be reversed.

Via state law, all ballot questions are written by the senate president and house speaker, as presiding officers of the respective chambers. In this case, that’s Senate President Stuart Adams, R-Kaysville, and House Speaker Mike Schultz, R-Hooper.

If the ballot measure passes, two additional laws take effect. One says lawmakers must “give deference” to the intent of a ballot measure. However, it’s the legislature who decides what the intent of that ballot measure is.

The legislature “shall give deference to the initiative in a manner that, in the Legislature’s determination, leaves intact the general purpose of the initiative,” the law states.
Secondly, repealing laws via referendum would get easier by allowing for more time to gather signatures.

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Here’s what your ballot will say about Constitutional Amendment D on legislative power and citizen initiatives