Victory: Utah’s Proposition 4 Becomes Law Again and Illegal Congressional Map Is Struck Down – Campaign Legal Center

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Salt Lake City, Utah — Today, Campaign Legal Center (CLC), on behalf of the League of Women Voters of Utah (LWV Utah), Mormon Women for Ethical Government (MWEG) and individual Utah voters, successfully defended Utahns’ right to a fair congressional map. The Utah state trial court issued a ruling today that restores the choice that Utah voters made to have electoral districts drawn free from partisan interests. The court determined that the Utah state legislature violated the people’s right to alter or reform their government when they repealed Proposition 4, or Prop 4 – a ballot initiative that aimed to prohibit partisan gerrymandering by establishing the Utah Independent Redistricting Commission and creating fair, neutral criteria and procedures for adopting district maps.  

Prop 4, which was passed by Utah voters and unconstitutionally repealed by the legislature, is now the law again. The current gerrymandered congressional map passed by the legislature may not be used in future elections. The Utah state legislature now has a chance to pass a new, fair map that complies with Prop 4, and if it does not, the court will order a new map, which will be used for the 2026 election.   

This is a big victory for Utah voters’ right to fair maps and an affirmation that politicians must not ignore the people. A new, lawful congressional map will ensure true representation for Utahns in Congress,said Mark Gaber, senior director of redistricting at the nonpartisan Campaign Legal Center.In America, voters should choose their politicians – not the other way around. Campaign Legal Center will continue to fight to ensure Utahns are voting under a fair congressional map in future elections.”  

This ruling gives the voters of Utah what they have long worked for – fair districts,said Katharine Biele, president of the League of Women Voters of Utah.Now the legislature has the opportunity to show it truly believes in representative government by heeding the voice of the people. The League of Women Voters is hopeful the legislature will move forward to pass one of the maps from the Independent Commission.” 

Utahns came together across political lines to advocate for fair maps and the constitutional right to reform their government,said Emma Petty Addams, co-executive director of Mormon Women for Ethical Government. Today’s ruling restores the will of the people and the balance of power. We call on our elected leaders to respect the will of the voters and move forward with integrity by adopting maps that truly reflect the voices of all Utahns.” 

Follow the latest updates on this lawsuit through our case page.  

Background:  

In 2018, Utahns exercised their right to reform their government by passing a bipartisan initiative, Proposition 4, also known as “Better Boundaries.” This effort created the Utah Independent Redistricting Commission (UIRC) and created procedures and criteria to ensure fair maps, including banning partisan gerrymandering.    

In response, the Utah Legislature repealed Prop 4 in 2020 and replaced it with SB 200, which gutted the key redistricting reforms in Prop 4 and enacted a congressional map that is an extreme partisan gerrymander, in direct contradiction to the will of the voters.  

The current lawsuit was filed in 2022, challenging the legislature’s repeal of Prop 4. In July 2024, the Utah Supreme Court reaffirmed that Utahns’ right to alter or reform the government through a ballot initiative is a fundamental constitutional right that the Legislature cannot ignore, and sent the case back to the district court for further proceedings. The decision today applies the framework announced by the Utah Supreme Court in July 2024 in finding that the legislature violated the constitution when it repealed Prop 4.  

The win today also builds on previous victories that prevented the Utah legislature from taking power for itself that the constitution does not grant it. In response to the Utah Supreme Court’s 2024 ruling, the legislature attempted to pass a constitutional amendment to undo the decision and give itself the power to amend or repeal any ballot initiative passed by the people. In putting the proposed amendment on the ballot, the legislature used misleading language that falsely described its effect, and failed to publish the text of the amendment as required by the Utah Constitution. In September 2024, the Utah Supreme Court voided the proposed amendment, ruling that the public has a right to truthful ballot language and proper notice for a proposed constitutional amendment. This victory allowed the suit challenging the current map to continue.  

CLC, alongside counsel from Parr Brown Gee & Loveless and Zimmerman Booher, is representing the League of Women Voters of Utah (LWV Utah), Mormon Women for Ethical Government (MWEG), and a bipartisan group of individual voters in the ongoing lawsuit

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The nonpartisan Campaign Legal Center advances democracy through law. We safeguard the freedom to vote, defend voters’ right to know who is spending money to influence elections, and work to ensure public trust in our elected officials.  

Learn more about CLC. Don't miss out on our latest resources: Subscribe to President Trevor Potter's newsletter on LinkedIn or email, tune in to the latest season of our award-winning podcast, Democracy Decoded, and join our livestreamed events.

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Defending New Yorkers’ Ability to Use the New York Voting Rights Act to Challenge Discrimination in Voting (Clarke v. Town of Newburgh)

At a Glance

Campaign Legal Center filed an amicus brief urging the New York Court of Appeals to affirm a lower court’s holding that the New York Voting Rights Act (NYVRA) is valid under the U.S. Constitution and New York Constitution.  

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About This Case/Action

The Town of Newburgh utilizes an at-large voting system to elect members to the Newburgh Town Board. This at-large system denies Hispanic and Black voters an opportunity to elect candidates of their choice to the town board.  

In 2024, six Black and Hispanic voters, represented by the Harvard Election Law Clinic and Abrams Fensterman, LLP, filed a lawsuit challenging the town’s discriminatory at-large voting system under the New York Voting Rights Act (NYVRA).  

Enacted in 2022, the NYVRA protects historically disenfranchised communities from attacks on their freedom to vote by preventing discriminatory voting laws from being enacted; providing new, legal tools for fighting voting discrimination in court; and instructing state judges to interpret laws in a pro-voter manner wherever possible.

In its response to the lawsuit, the Town raised the defense that the NYVRA violates the Equal Protection Clause of the U.S. Constitution and the New York Constitution. The trial judge later issued a ruling invalidating the NYVRA as unconstitutional.

That ruling was swiftly overturned on appeal. The intermediate appellate court upheld the NYVRA as constitutional, consistent with every other state appellate and federal court to review state Voting Rights Acts (state VRAs).

The Town of Newburgh has now appealed to the state’s highest court, again arguing the NYVRA violates the federal and state constitutions. CLC filed an amicus brief in the New York Court of Appeals arguing that, like other state VRAs that have been consistently upheld, the NYVRA is a constitutionally valid anti-discrimination statute designed to confront and remedy modern forms of discrimination in voting.  

CLC filed similar briefs in support of the NYVRA in the trial and intermediate appellate courts

Campaign Legal Center on Federal Control of DC and Statehood

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Washington, D.C. It has been over a week since President Donald Trump invoked Section 740 of the Home Rule Act in Washington, D.C. to federalize local law enforcement in our nation’s capital. He also used his status as commander-in-chief to deploy members of the National Guard into the District of Columbia. National Guard troops from a growing number of states have also been deployed to the District at the direction of their governors.

While the President has gone well beyond the bounds of his authority under Section 740 or as commander-in-chief, both actions were only even possible because of the District’s lack of statehood.

On August 14th, Campaign Legal Center (CLC) sent a letter to every member of Congress that calls on our lawmakers to end the president’s control of the D.C. police force and to support D.C. statehood. President Trump’s actions are another example of executive overreach. Congress has the power to stop these interventions immediately, as well as make sure they can never happen again.

The democratically elected leadership in Washington, D.C. did not consent to the president’s latest actions and even took successful legal action to try and regain some control of local law enforcement. 

CLC’s Senior Vice President Bruce V. Spiva issued the following statement on these ongoing developments:

President Trump’s unjustified seizure of control over D.C. law enforcement is the consequence of a long-term injustice in our country: the District’s lack of true control over its own governance. This episode highlights exactly why the over 700,000 residents of Washington D.C. — who pay more per capita in federal taxes than residents of any state, have fought and died in every war since the founding of the Republic, and have fulfilled every responsibility of American citizenship — deserve and need the same rights and protections afforded to their fellow Americans. 

“Congress can and must oppose any further encroachment over D.C. residents’ autonomy, including by voting immediately to end the president’s interventions in the District. Lawmakers must also take urgent steps to ensure that no president can ever again exercise this type of executive overreach. 

“Checks and balances exist in our government for a reason, and it is past time that Congress stood up against such action by passing legislation that finally grants the residents of D.C. full democracy. Congress should pass the Washington, D.C. Admission Act and grant D.C. statehood once and for all.” 

If you are covering news on the president’s takeover of D.C. law enforcement and his deployment of federal troops to the area, here are additional resources from CLC that may be useful to your readers: 


CLC will keep working to ensure that residents of Washington, D.C. have the same rights and protections afforded to their fellow Americans nationwide. Follow the latest updates on our website.

CLC Joins Partners in Defending the Johnson Amendment

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Washington, D.C. — In late July, Campaign Legal Center (CLC) joined Public Citizen and Common Cause in submitting an amicus brief to the U.S. District Court for the Eastern District of Texas in response to a renewed attempt by the Internal Revenue Service (IRS) to unilaterally overrule the Johnson Amendment. 

This long-standing provision of the tax code says 501(c)(3) charities cannot intervene in political elections while also taking in tax-deductible contributions. CLC has been at the forefront of legal and policy efforts aimed at upholding the Johnson Amendment for nearly a decade, and at a time when attempts to weaken campaign finance laws persist. 

Adav Noti — Campaign Legal Center’s executive director — issued the following statement on the importance of upholding the Johnson Amendment provision that prohibits tax subsidies from being used to fund electioneering: 

Voters have a right to know who is spending money to influence our vote and our government. The Johnson Amendment is a critical safeguard amid ongoing attacks on campaign finance laws because it prohibits wealthy special interests from using charities to engage in secret spending and receive a tax write-off in the process. 

The president and the IRS must follow the law and prevent big money from secretly influencing our elections. Campaign Legal Center will continue to defend charities from the administration’s attempt to turn them into vehicles for dark money.” 

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The nonpartisan Campaign Legal Center advances democracy through law. We safeguard the freedom to vote, defend voters’ right to know who is spending money to influence elections, and work to ensure public trust in our elected officials. 

Learn more about CLC. Don't miss out on our latest resources: Subscribe to President Trevor Potter's newsletter on LinkedIn or email, tune in to the latest season of our award-winning podcast, Democracy Decoded, and join our livestreamed events.

Ethics Watchdogs Demand Investigations into Treasury Secretary Bessent’s Potential Conflicts of Interest and Ethics Violations

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WASHINGTON, D.C. — Campaign Legal Center (CLC) and  Democracy Defenders Fund (DDF) today formally requested that the U.S. Office of Government Ethics (OGE) and the U.S. Department of the Treasury’s Office of Inspector General launch investigations into Treasury Secretary Scott Bessent’s apparent failure to divest from numerous financial holdings in violation of his government ethics obligations. 

Before his confirmation, Bessent pledged to Treasury ethics officials that he would divest at least two dozen assets within 90 days of assuming office to avoid violating ethics rules, but he has yet to provide documentation showing he has done so, the DDF and CLC complaint noted. 

This agreement, made with OGE and the Treasury Department, was sent to the Senate as part of his confirmation hearings. The assets in question include private equity funds, private companies, farmland, and cryptocurrency-related products. The 90-day divestiture deadline passed on April 28, more than 100 days ago.

“The fact that Secretary Bessent — one of the wealthiest cabinet members in history — has not divested from his assets is not just a failure to uphold his pledge, but an outright violation of ethics rules. When there is no procedure in place to enforce these rules, and no consequence for those who break them, it creates a breeding ground for corruption,” said Kedric Payne, vice president, general counsel and senior director for ethics at Campaign Legal Center. “Regardless of political allegiance, they are public servants and should be held to the highest ethical standards that ensure they are prioritizing public interest over their own personal finances. Secretary Bessent should divest from his holdings and hold true to his pledge.” 

“Secretary Bessent’s ongoing disregard for his ethics commitments is astonishing,” said Virginia Canter, chief counsel for ethics and anti-corruption at Democracy Defenders Fund. “In any other administration, failure to comply with a binding ethics agreement would be cause for removal. But under the Trump Administration, this is yet another example of a dangerous belief that the rules simply don’t apply to them.” 

Bessent has failed to report selling even one asset, the complaint notes. In fact, after the date on which his divestitures should have been completed, Bessent asked to amend his agreement to continue to hold three investments. Moreover, as outlined in the letter he has participated in a series of activities—from bilateral trade negotiations to serving on the president’s digital asset workforce—that very well could have affected the value of these assets. 

As outlined in the letter, DDF and CLC are asking for OGE to take steps to hold the Secretary to account for his ethics commitments. In addition, DDF and CLC are asking the Treasury OIG to investigate whether any actions Bessent has taken over the past six months may have violated the conflict of interest laws. 

“Ethics agreements are legally binding safeguards to prevent corruption at the highest levels of government,” Canter said. “Secretary Bessent’s decision to flout these commitments while participating in matters that may affect his personal investments raises red flags and flouts public trust. Personal gain should not take precedence over public duty.”

See the complaint here.

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The nonpartisan Campaign Legal Center advances democracy through law. We safeguard the freedom to vote, defend voters’ right to know who is spending money to influence elections, and work to ensure public trust in our elected officials.

Learn more about CLC. Don't miss out on our latest resources: Subscribe to President Trevor Potter's newsletter on LinkedIn or email, tune in to the latest season of our award-winning podcast, Democracy Decoded, and join our livestreamed events

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NEW: CLC Urges Congress to Pass Federal Laws to Stop Gerrymandering

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Washington, D.C. — Bruce V. Spiva — CLC’s senior vice president — issued the following statement in response to the current redistricting arms race happening nationwide:

Congress, through our representatives, makes important decisions about our lives. When congressional districts are drawn unfairly, voters are deprived of having an equal say on the issues that matter to their community. 

Congress has the power, and the responsibility, to resolve this problem. We need federal legislation that bans partisan gerrymandering and mandates independent redistricting in every state. Congress must also restore the full power of the Voting Rights Act to bar racially discriminatory redistricting. 

The U.S. Supreme Court unfortunately shirked its obligation to protect Americans’ right to fair representation when it declared it was unwilling even to try to restrain partisan gerrymandering in Rucho v. Common Cause. This gave the green light for states to draw maps that silence voters by robbing Americans of fair representation.

Campaign Legal Center (CLC) has been at the forefront of challenging unfair voting maps, both at the Supreme Court and state level. We oppose any redistricting efforts that violate the U.S. Constitution, the Voting Rights Act, or any other federal or state law. 

When districts are drawn fairly, all voters have an equal chance to make their voice heard and elect leaders who will best serve their community. Elections should be determined by voters, not politicians who manipulate voting maps.” 

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The nonpartisan Campaign Legal Center advances democracy through law. We safeguard the freedom to vote, defend voters’ right to know who is spending money to influence elections, and work to ensure public trust in our elected officials. 

Learn more about CLC. Don't miss out on our latest resources: Subscribe to President Trevor Potter's newsletter on LinkedIn or email, tune in to the latest season of our award-winning podcast, Democracy Decoded, and join our livestreamed events.

Issues