POLITICS & ELECTIONS

Amendment A voided from November ballots

Oct 9, 2024, 1:42 PM | Updated: Oct 10, 2024, 3:31 pm

SALT LAKE CITY — A court has granted a permanent injunction against Amendment A in the upcoming November election. While it will appear on the ballot, the results of voting are voided.

The proposed amendment, if approved by voters, would have changed the Utah Constitution to remove the requirement that income taxes be used to fund public education. State lawmakers wanted to have more latitude with the state’s budget instead of being obligated to use income taxes directly on education.

Utah’s Education Association sought the injunction, stating any amendment has a requirement to be published in newspapers before it can be voted on. After a Utah Supreme Court ruling that voided Amendment D from the ballot on the same grounds, the 3rd Judicial Court issued the injunction Wednesday. The court found that the same circumstances and ruling  voided Amendment A for the same reason.

“Legislative Defendants acknowledge that there is no basis to argue that the newspaper publication requirement of Article XXIII of the Utah Constitution was met with respect to Amendment A,” the ruling states.

The same amendment would have, after years of pressure, removed food sales tax in Utah. In 2023 the Utah Legislature passed HB54 on the condition voters approve the constitutional amendment allowing income tax to be used for items other than education, programs for children and people with disabilities.

Constitutional amendment on November ballot could lead to removal of Utah food sales tax

The court said because of the ruling with newspapers, it didn’t need to decide other claims about the amendment.

“The Court orders that the Lieutenant Governor and the various County Clerks shall not publish or release the tabulation results of votes cast for or against Amendment A to anyone,” the ruling states.

Based on the foregoing, the Court grants Plantiffs’ Motion for a Preliminary Injunction and also enters a Permanent Injunction as to the seventh claim for relief and orders as follows:

  1. Amendment A is void and shall be given no effect.

  2. Ballots may be printed as certified

  3. Any votes cast for or against Amendment A are void and no not count.

  4. The Court acknowledges that, as of the date of entry of this Order, the processes and mechanisms for tabulating votes by the various County Clerks are such that the votes cast for or against Amendment A will be tabulated and it is too late to reverse processes in place for tabulating those votes cast.

The petition for an injunction claimed that like Amendment D, ruled against by the Utah Supreme Court, the amendment language was misleading.

In a joint statement, President J. Stuart Adams and Speaker Mike Schultz told KSL TV that they are disappointed in the court’s decision for Amendment A and are looking to file a joint brief.

“However, in light of the Supreme Court’s ruling on Amendment D, and given the notice for all the amendments were the same, the Legislature chose to file a joint brief allowing the district court to resolve the case. This action aimed to prevent unnecessary expenditure of tax dollars,” stated the two leaders in a written statement.

They also said while votes on Amendment A will not be counted, they will continue supporting education and lowering taxes for Utahns.

Contributing: Lindsay Aerts, KSL TV

Amendment a Permanent Injunction against by lcurtis on Scribd

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Amendment A voided from November ballots