Lawsuit seeks to block Amendment D language on Utah ballots

SALT LAKE CITY — The plaintiffs in the redistricting case against the Utah legislature are now seeking an emergency injunction with Utah’s Third District Court to void the current language of Amendment D and block it from being printed on Utah ballots.

A lawsuit, filed by the League of Women Voters, Mormon Women for Ethical Government and others, alleges that the “certified ballot language fails to accurately submit the Amendment to the voters. Instead, it seeks through deception to mislead Utah voters into surrendering their constitutional rights.”

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

The language was blasted this week by critics of the amendment and some Republicans after it was made public, but it was defended by Utah’s top two GOP lawmakers, Senate President Stuart Adams and House Speaker Mike Schultz, who are also the authors of the question.

The proposed amendment reads:

Should the Utah Constitution be changed to strengthen the initiative process by:

– Prohibiting foreign influence on ballot initiatives and referendums.

– Clarifying the voters 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

Critics have said the language is “deceptive” because the proposed amendment would allow the legislature to repeal initiatives, therefore not strengthening them.

Adams and Shultz have argued the language is clear and straightforward. In a written statement from the two Utah leaders, they said,

It’s ironic that the very people who claim to advocate for a greater voter engagement are the same one s trying to obstruct Utahns from having the opportunity to vote on this important matter. The plaintiffs are clearly concerned about leaving it to voters to decided. Before initiatives overwhelm and significantly alter our state, Utahns should have the opportunity to voice their opinions.

UPDATE: Utah's Senate President @JStuartAdams and House Speaker @mschultz_12 issued another joint statement in response to this lawsuit filing today. 👇 @KSL5TV #utpol https://t.co/9gAx9lYmPF pic.twitter.com/UV4TbJCW0d

— Lindsay Aerts (@LindsayOnAir) September 6, 2024

Senator Kirk Cullimore R-Draper told KSL he believes the amendment strengthens initiatives because it allows the legislature the ability to tweak laws created by citizens; arguing that citizen-passed laws could have “fatal flaws” like hamstringing the state budget or be found unconstitutional.

The plaintiffs want the question to be void, meaning that even if the language ended up on the ballot and was voted on, Utah’s Constitution wouldn’t change.

New allegations about publication

On Monday, a motion filed by the plaintiffs to expedite proceedings was granted.

The plaintiffs filed four motions over the weekend: A motion for leave to file first supplemental complaint to add Counts 9-14; a motion for preliminary injunction on those same counts; a motion for leave to file second supplemental complaint to add count 15; a motion for preliminary injunction on that same count.

The motion alleged the defendants have “failed to provide notice of the proposed amendment by publication as strictly required by the Utah Constitution.”

Plaintiffs cited the language used to describe Amendment D was “both false and misleading and because the Defendants have failed to provide notice of the proposed amendment by publication as strictly required by the Utah Constitution.”

#UPDATE: The groups trying to block Amendment D from getting on the ballot have added an allegation to their claims — that the state did not adequately publish the amendment as is required by the Utah Constitution.

In addition, the court is expediting the timeline for… pic.twitter.com/FWoiCd6mwf

— Lindsay Aerts (@LindsayOnAir) September 9, 2024

According to the document, Lt. Gov. Deidre Henderson has “made it clear that time is of the essence.”

The ballots for the Nov. 5, 2024 general election, which includes Amendment D, have been certified, programmed, and proofed, and will be sent for printing Monday, Sept. 9, 2024.

The court ordered that the defendants, who are the authors of Amendment D and Utah’s top two GOP lawmakers, Senate President Stuart Adams and House Speaker Mike Schultz, must respond to both motions for preliminary injunction on Counts 9-14 and Court 15 by Sept. 12. Plaintiff’s response must be filed on Sept. 16.

The hearing for a preliminary injunction on this lawsuit will happen Wednesday at 3 p.m.

#BREAKING UPDATE: The 3rd District judge has set a hearing for a preliminary injunction to decide whether Amendment D can appear on the ballot for Wednesday at 3 PM. @KSL5TV #utpolhttps://t.co/O4wgWjYQhW

— Lindsay Aerts (@LindsayOnAir) September 9, 2024

Contributing: Carlysle Price, KSL TV