Utah Legislature appeals to Utah Supreme Court over voiding of Amendment D
Sep 13, 2024, 1:43 PM | Updated: 5:55 pm
SALT LAKE CITY — The Utah Legislature has filed an appeal to the Utah Supreme Court in an effort to reverse a judge’s decision that Amendment D is voided from Utah’s ballot and can’t be counted in the election on Nov. 5.
Third District Judge Dianna Gibson ruled against the Legislature Thursday, siding with the League of Women Voters, Mormon Women for Ethical Government and others who sued arguing that the language of Amendment D is misleading and that the Legislature failed to comply with a publication deadline.
Gibson allowed Amendment D to be printed on ballots but ruled its votes wouldn’t count because of this likely appeal. If the question had been pulled off the ballot altogether and the Utah Supreme Court reversed the ruling, the Lieutenant Governor’s Office told the courts it would cost the state $3 million to reprint ballots.
The lawsuit argues that “the ballot summary is not a basis for voiding Amendment D.”
“It demeans the State and its voters to conclude that they cannot read, cannot think, and cannot ultimately cast an informed vote on Amendment D,” wrote the legislature’s lawyer Tyler Green.
#BREAKING: The saga over Amendment D continues.
The Utah legislature has officially filed their appeal, asking the Utah Supreme Court to reverse a judge’s decision that the Amendment D is void and can’t be counted.
In their lawsuit, they argue that “the ballot summary is not… pic.twitter.com/7zdwMnf1Ke
— Lindsay Aerts (@LindsayOnAir) September 13, 2024
The Legislature’s lawyers also maintain that they “caused” the amendment to be published.
“Plaintiffs’ publication claim is a Trojan horse.” Green writes. “And the district court just opened the gates not just for Amendment D but for others.”
He added, “Contrary to what Plaintiffs led the district court to believe, Utahns do not live under a rock. Utahns are not confused. And Utahns are not waiting to read Amendment D on largely defunct newsprint. The Legislature has made Amendment D available to the world, enough to “cause” it to be published.”
The suit asks for the plaintiffs to respond by Tuesday, Sept. 17, and for the Utah Supreme Court to vacate the preliminary injunction by Sept. 24.
“That would leave six weeks before the election to reassure Utahns that their votes on Amendment D do in fact matter and will in fact count,” the lawsuit states.
The plaintiffs said they are confident that won’t happen.
“We think that what the district court did is not radical in any sense of the word,” said attorney David Reymann. “It is straight down the middle of our Constitution’s promise that the people are sovereign and all power derives from them. And the Supreme Court affirmed that principle in this case just in July. And we think they’ll do the same thing here.”
The plaintiffs filed a Petition for Permission to Appeal an Interlocutory Order on Friday. The petition includes past cases on related issues, and included up-to-date media coverage of the proposed amendment.
“People decide elections; courts don’t,” the petition states. “‘No right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live,'” the petition reads, quoting Wesberry v. Sanders (1963).
“Utah is no exception to that rule.”
Petition for Permission to … by cprice
This is a developing story and may be updated.
