Judge rules against Utah legislature, Amendment D voided but stays on ballots

SALT LAKE CITY – A judge in Utah’s 3rd District Court has ruled that a proposed Constitutional amendment, known as Amendment D, won’t be counted. But it will stay on ballots for the November election.

Judge Dianna Gibson sided with plaintiffs on two key allegations — that Utah lawmakers “misled” Utah voters with their ballot language and that they failed to accurately submit Amendment D to voters, preventing them from “making an informed decision about whether to vote for or against the amendment.”

“The legislature has a duty and the obligation to accurately communicate the ‘subject matter’ of the proposed amendment to voters and to publish the text of the amendment in a newspaper in each county two months before the election. It has failed to do both,” wrote Gibson.

After hearing the case Wednesday, Judge Dianna M. Gibson took it under advisement, and despite the ask from both camps to get the decision Wednesday evening if ballot language would need to be changed, around eight hours later a decision came early Thursday: the ballot question would be voided.

Gibson’s final ruling didn’t block the question from being on the ballot. Instead, she made it “void and shall be given no effect.”

Further, Gibson ordered Lt. Governor Deidre Henderson’s office to handle “matters removed from the ballot, pre-election, to ensure they are not counted,” and notify all county clerks.

NEW: I asked one of the lawyers for @lwvutah and @mormonweg, who just won their case over the #utleg on Amendment D, whether the solution to print the ballots with the voided question causes undue confusion for voters.

The response from David Reymann: “If there’s any confusion… pic.twitter.com/7z71jWVQkT

— Lindsay Aerts (@LindsayOnAir) September 12, 2024

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The authors of Amendment D, Senate President Stuart Adams and Utah House Speaker Mike Schultz, said they planned to appeal the judge’s decision and released a joint statement after the ruling was issued Thursday morning:

We are extremely disappointed by the lower court’s policymaking action from the bench. It’s disheartening that the courts – not the 1.9 million Utah voters – will determine the future policies of our state. This underscores our concerns about governance by initiative as an out-of-state interest group from Washington, DC, with seemingly unlimited funds, blocked Utah voters from voicing their opinions at the ballot box. The people who claim to advocate for greater voter engagement are the same ones who obstructed Utahns from having the opportunity to vote on this important matter.

The court’s actions have introduced significant uncertainty into the electoral process, raising concerns about the impartiality and timing of judicial interventions. Such interference during an ongoing election undermines public confidence in the integrity of the process. The court is denying the right of the people to vote and should not be exerting undue influence on this election.

We will not stop fighting for Utahns. It’s critical we find a path forward that safeguards our state from external influence and keeps Utah’s future in Utah’s hands. We will continue to exhaust all options to prevent foreign entities from altering our state and clarify the over a century-long constitutional practice, including our appeal to the Utah Supreme Court. We urge them to undo this wrong and preserve the voices of Utahns.

On the other hand, Utah’s Democratic Party Chair Diane Lewis and Salt Lake County’s Democratic Party Chair Jadce Velazquez both said the ruling was a “victory for all Utahns.”

“It confirms the Republican supermajority’s attempt to take away the power of the voters and give it to political elites was as poorly planned as it was corrupt,” Lewis said. “Our system of checks and balances is functioning exactly as the framers of our state’s constitution intended it to.”

#BREAKINGNEWS: A judge as struck Amendment D as VOID. It can be printed on the ballots but it is “void and has no effect.” The state has said they will appeal. @KSL5TV #utpol pic.twitter.com/3VjUQEASsr

— Lindsay Aerts (@LindsayOnAir) September 12, 2024

Additionally, the plaintiffs in the case issued a statement through the Campaign Legal Center saying the court ruled, “Utahns have a constitutional right to a truthful ballot, and the Legislature has a constitutional obligation to provide proper notice of a constitutional amendment to the people.”

We’re thrilled at this ruling, and optimistic that the Utah Supreme Court will uphold this as well when the state appeals it’s case.#utpol pic.twitter.com/qhkPCRWcrY

— Better Utah (@betterutah) September 12, 2024

“Today, the court has ruled the legislature’s bait-and-switch has failed,” said Katharine Biele, plaintiff League of Women Voters of Utah president. “Make no mistake, this rush to amend the constitution was unnecessary, and we hope lawmakers reconsider their tactics. Citizens voted them into office in good faith, a faith that they would respect their constituents and work transparently. We believe in representative government and the principles that make our democracy work. The court agrees.”

NEW: I asked one of the lawyers for @lwvutah and @mormonweg, who just won their case over the #utleg on Amendment D, whether the solution to print the ballots with the voided question causes undue confusion for voters.

The response from David Reymann: “If there’s any confusion… pic.twitter.com/7z71jWVQkT

— Lindsay Aerts (@LindsayOnAir) September 12, 2024

The Utah Senate and House Democratic Caucuses issued a statement following Thursday’s ruling, stating they “applaud the court’s decision to invalidate Amendment D.”

The statement said the amendment “would undermine the rights of Utahns and the principles of democracy. The amendment’s deceptive language and misleading presentation were clear attempts to weaken the voice of the people and give more power to the legislature.”

The statement said the amendment was designed to take away the people’s voice, citing it would allow the Legislature to overturn citizen-led initiatives, “One of the most important tools Utahns have to directly shape the future of our state.”

“We strongly believe in the power of our state’s voters and trust Utahns to make decisions that are best for them. It’s our elected duty to ensure Utahns’ voices are not diminished or ignored. This ruling reaffirms the importance of transparency, accountability, and protecting the people’s rights,” the statement said. “Any effort to take power from voters should be met with firm opposition.”

The Utah Senate and House Democratic Caucuses urged Utahns to stay engaged.

“Our state is strongest when the will of the people is upheld and respected,” the statement said.

Opponents say the language of Utah’s Constitutional Amendment D is ‘deceptive’

Contributing: Bridger Beal-Cvetko, KSL.com