Utah voters scored a big victory when the Utah Supreme Court ruled in their favor today. Holding that the people have the right to truthful ballot language and proper notice for proposed constitutional amendments, the court officially voided Constitutional Amendment D — an amendment that would have allowed the Legislature to amend or repeal citizen-passed ballot initiatives with virtually no limitation.
This amendment, which was being pushed by partisan politicians at the eleventh hour, was the latest move by the Legislature to avoid accountability and fair maps in the state.
Designed to eliminate voters’ fundamental constitutional right to reform their government through ballot initiatives, which the people have held since 1895, this amendment would have undone years of progress in the fight for fair maps.
To further their power grab, the legislative leadership drafted ballot language that falsely informs voters that passing Amendment D would strengthen the initiative process and require the Legislature to adhere to the will of the voters. The amendment would do the exact opposite of that.
Since unaccountable politicians repealed Proposition 4 — which created the Utah Independent Redistricting Commission (IRC) and banned partisan gerrymandering — in 2020 voters have been fighting for a fair congressional map in court.
Unfortunately, this new amendment was yet another example of the Utah Legislature trying to take for themselves the power the Utah Constitution gives to the people. But the court did not let this happen.
Campaign Legal Center, representing a bipartisan group of voters, asked a district court to void the amendment. The court sided with voters ruling that the amendment violates the Utah Constitution due to its misleading language and the Legislature’s failure to provide proper notice of a constitutional amendment to the people. The Utah Supreme Court then reaffirmed that lower court ruling.
Although Amendment D may appear on the ballot, the amendment will be void and will not become law.
This decision will help preserve the balance of power in Utah and block yet another attempt by the Legislature to overrule the will of the voters and consolidate power.
Our democracy works best when voters choose their politicians, not the other way around.
That is why we are committed to continuing the fight for fair maps in Utah and working diligently to give Utahns back the power their constitution grants to the people.