A Win for Fair Maps in Utah!

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Salt Lake City, UT — In a victory for Utah voters, the Utah Supreme Court allowed Utah voters to move forward with their claim that the Legislature illegally gutted a citizen-led anti-gerrymandering initiative.  

Represented by Campaign Legal Center, the League of Women Voters of Utah (LWVUT), Mormon Women for Ethical Government (MWEG) and seven individual voters filed a lawsuit in 2022 challenging the state’s congressional redistricting map as an extreme partisan gerrymander and asking the Court to reinstate the core governmental reforms removed from a citizen-led initiative that established an independent redistricting commission, binding anti-gerrymandering requirements and a private right of action for voters to challenge maps in court.  

CLC partnered with Utah attorneys from Parr Brown Gee & Loveless and Zimmerman Booher to file the lawsuit.  

“Today’s decision is a win for democracy,” said Mark Gaber, senior director, redistricting, at Campaign Legal Center. “Voters should always be the ones to choose their politicians, not the other way around. Instead of following this basic democratic principle, the Utah Legislature blatantly ignored the will of Utah’s voters to lock in their own power. CLC is proud to have fought hard so every Utahns’ voice can be heard. The Utah Supreme Court has set an example for state courts across the country, that legislatures cannot override the people when they act to require fair maps.”

“The League’s mission is to empower voters. Fair districts are the linchpin to that right. The League has worked on redistricting for almost 50 years, and today we are both relieved and optimistic about the future for Utah voters. We witnessed a court that took the time to consider this important matter and had studied the many difficult issues involved. In the end, the justices came out in support of the voter, whose voices should not be silenced by their public representatives,” said Katharine Biele, President of the League of Women Voters of Utah.

“We applaud today’s ruling protecting Utah voters’ constitutional right to reform their government. This decision affirms the power of citizens to shape legislation directly, ensuring that the voices of Utahns are heard and respected by the legislature. MWEG members are women inspired by our faith to defend ethical government, regardless of political party, and we look forward to continuing to advocate for fair districts in Utah,” said Jessica Larson, MWEG Senior Director of Advocacy.  

In 2018, Utah voters passed a bipartisan citizen initiative, Proposition 4. Among other reforms, the initiative prohibited partisan gerrymandering and established the Utah Independent Redistricting Commission (Commission). Independent redistricting commissions protect democracy by ensuring voters, not partisan politicians, draw electoral districts.  

In 2020, the Utah Legislature disobeyed voters and repealed Proposition 4 to replace it with SB 200, which allowed partisan gerrymandering and discarded the binding redistricting criteria. As a result, the Republican majority of the Utah Legislature drew a congressional map that served their own political party’s self-interests, instead of the interests of voters. Before the Commission could even finish its work, the Legislature disregarded the Commission’s findings and devised their own extreme partisan gerrymandered map, which locked in one party of Utah’s congressional delegation for the next decade while silencing voters with minority political viewpoints.  

The Utah Legislature’s map exemplifies how a ruling political party can skew the electoral process by “cracking” voters from the minority party into multiple congressional districts to dilute their voting power. The map carves up Salt Lake County, home to Utah’s largest concentration of non-Republican voters, among all four congressional districts — reliably ensuring that there are no competitive districts in Utah’s congressional delegation for the foreseeable future.  

The case will now return to the District Court to allow the challenge to proceed.

More information about the lawsuit can be found here.

Issues

CLC Responds to U.S. Supreme Court decision in Trump v. United States

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Washington, D.C. – The U.S. Supreme Court today ruled that a President is immune from criminal prosecution based on any exercise of his “core” presidential powers, even if his goal was to overturn a lawful election. 

The Court majority thus made clear that any corrupt order given to the Department of Justice is immune – and it presumably follows that a President is free as well to give any order to the military, however criminal, without fear of prosecution. 

The Court did rule that Trump can still be prosecuted for some official acts, and for any “unofficial acts.” That means that some parts of the pending federal indictment against Trump in D.C. may survive. But there will first need to be months if not years of judicial work to sort out precisely which criminal charges, if any, remain permissible.   

Paul M. Smith, senior vice president of Campaign Legal Center, released the following statement:

"Our democracy depends on the rule of law. That means that any elected officials who intentionally abuse their powers, especially in an effort to undermine democratic accountability, should be held accountable. That includes the President of the United States. 

"The U.S. Supreme Court had an opportunity to make it clear that no one is above the law. Instead, it has paved the way for an extremely dangerous new form of government, unprecedented in the history of our nation, by immunizing vast swaths of illegal and harmful presidential conduct from prosecution.

"In the meantime, the Court’s ruling makes it highly unlikely that a trial for the former President will occur before Election Day, depriving voters of the right to know whether someone running in the 2024 presidential election is guilty of attempting to overthrow the last one. But the long-term consequences of this ruling go far beyond 2024 and our current controversies."

From Dysfunctional To Disastrous: The Concerning Direction the FEC Is Heading

For over a decade, the frustrations that outside observers, experts, and watchdogs had with the Federal Election Commission were clear: The government agency responsible for regulating money in politics and overseeing the integrity of our elections deadlocked so often — usually with a partisan split of three Republican commissioners and three Democrats — that enforcement became more of an exception than a rule. Regulations remained stagnant, and voters were left to largely fend for themselves.