Utah’s November Ballot will Deceive Voters about the Meaning of Amendment D

Issues
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A man steps out of a car to place his ballot in a dropbox
A voter in Salt Lake city places their ballot in a ballot box on Saturday November 1, 2020. Photo by Nataliex Behring / IMAGO / ZUMA Press Wire

Campaign Legal Center is representing a bipartisan group of voters who are asking a district court to remove Constitutional Amendment D from Utahns’ ballots this November. The ballot summary that voters would see when casting their votes misleads the voters about the effect of the Amendment, and thus violates the Utah Constitution.  

Amendment D is designed to eliminate voters’ fundamental constitutional right to reform their government through ballot initiatives. The state Supreme Court recently affirmed that this right has existed since the constitution was ratified in 1895.  

The Legislature responded by proposing a constitutional amendment to eliminate that right and instead give the Legislature unfettered power to repeal voter initiatives for any or no reason at all.

Aware that it would not be popular, the legislative leadership wrote ballot language that falsely informs voters that passing their amendment 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.

Utah politicians are refusing to accept any check on their power and are pushing for a constitutional amendment that would weaken the ability of Utahns to make their voices heard.

Voters should pick their politicians, not the other way around. But Constitutional Amendment D would take power away from voters and give it back to self-interested politicians to sidetrack the long-fought fight for fair maps in the state.  

Since unaccountable politicians repealed Proposition 4 — which created the Utah Independent Redistricting Commission (IRC) in 2020 — voters have been fighting for a fair map in court. Recently, the Utah Supreme Court ruled that citizens have the right to alter or reform their government, rejecting the Legislature’s shameful disregard of voters’ wishes.  

This new amendment is yet another example of the Utah Legislature trying to take for themselves the power the Utah Constitution gives to the people.  

By pushing this proposed amendment through at the eleventh hour, severely restricting public comment, and attempting to mislead voters with this deceptive language, Utah politicians have made it clear that they will stop at nothing to maintain single-party control of the state.  

Because of the amendment’s misleading language, Campaign Legal Center (CLC) is suing on behalf of our clients to remove the amendment from the November ballot. Voters should be able to continue to make meaningful change through the ballot initiative process and hold politicians accountable.  

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.

Mark is CLC's Senior Director, Redistricting.