In a recent ruling, a judge declared a controversial constitutional amendment void on the Nov. 5 ballot, making this the second time in less than three months the courts have reproached the Utah Legislature.
After hearing many verbal arguments, 3rd District Court Judge Dianna Gibson agreed with plaintiffs to allege the ballot language of constitutional Amendment D. This new language change would preserve the Utah Legislature’s power to repeal and replace ballot initiatives.
“The people are entitled to an accurate summary of any proposed constitutional amendment that impacts their fundamental rights and they are entitled to the constitutionally required notice, by publication in a newspaper two months before the election,” Judge Gibson wrote. “These requirements are fundamental to the integrity of our democracy.”
Amendment D was written by the Legislature’s top Republican leaders to give the Utah Legislature power to repeal and replace ballot initiatives.
Attorneys representing the Utah Legislature argued that constitutional publication requirements have been met because state officials have published the information online, and local media have covered the issue extensively in news articles.
They also argued voiding Amendment D itself would be a “suppression tactic” that may cause confusion with language accuracy in the ballot. This would uphold the Legislature’s historical understanding of its power over ballot initiatives.
Judge Gibson pointed out that the constitutional amendment would clarify that in the Utah Constitution, “notwithstanding any other provision of this Constitution, the people’s exercise” of their ballot initiative or referendum power “does not limit or preclude the exercise of Legislative power, including through amending, enacting or repealing a law, by the Legislature.”
Utah Democrats celebrated the ruling. Senate Minority Leader Luz Escamilla and House Minority Leader Angela Romero, issued a joint statement thanking the plaintiffs for defending Utah voters’ rights and playing “a vital role in protecting our democracy.”
Author: Natalie Anderson
Photo courtesy of SUU
Editor: Anna Mower
news@suunews.net
