Utah Supreme Court upholds voiding of Amendment D

SALT LAKE CITY — The Utah Supreme Court affirmed a lower court’s decision Wednesday that proposed Amendment D to the Utah Constitution be voided from November’s ballots. The lower court judge sided with plaintiffs on two key allegations — that they failed to accurately submit the now failed amendment to voters and that Utah lawmakers “misled” Utah voters with ballot language.

Utah’s highest court said the district court correctly ruled that the prerequisites to place the proposed Amendment D on the ballot were not met after the lower court granted a preliminary injunction against the proposed change.

The high court released its decision Wednesday afternoon after hearing from both sides earlier in the day:

The district court also acted within its discretion in finding that the equities favored a preliminary injunction declaring Amendment D void and ordering that any votes cast will not be counted. Although the voters should have the opportunity to decide whether Amendment D strikes the correct balance between the people’s direct legislative power and that of their elected representatives, the public interest requires that constitutional amendments be submitted to voters in the way mandated by the supreme law of the state embodied in the Utah Constitution.

On Sept. 11, Judge Dianna M. Gibson ruled in Utah’s 3rd District Court that Amendment D would be voided from Utah’s ballot. The ruling said the amendment on the ballot “shall be given no effect.”

The amendment, created when the Utah Legislature called itself into an emergency session, — after the Supreme Court ruled on initiatives — would have given voters a chance to decide who should have the final say on laws created by citizen ballot initiative. In July, Utah’s highest court said the Legislature overstepped when it changed a citizen-led voter initiative in 2018 on redistricting, meant to battle gerrymandering.

#BREAKING: The Utah Supreme Court has voided Amendment D because of its failure to publish as required. It will not be voted on this November.

This also impacts A because lawyers today agreed that if the publication issue was upheld, it would make that lawsuit moot. @KSL5TV pic.twitter.com/Yygo6z889B

— Lindsay Aerts (@LindsayOnAir) September 26, 2024

On the November ballot, the now voided 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

League of Women Voters of Utah vs. Utah Legislature by lcurtis on Scribd

NEW: The proposed constitutional amendment language to be voted on in a special session tomorrow is now public. It adds the words “through the legislative process” to Utah’s Constitution — so the ability for voters to alter and reform their government “through the legislative… pic.twitter.com/bl509MT9Qa

— Lindsay Aerts (@LindsayOnAir) August 21, 2024