Utah Supreme Court rules to void Amendment D

SALT LAKE CITY — After argument hearings on Wednesday, the Utah Supreme Court ruled to uphold the decision to void Constitutional Amendment D. 

“Amendment D is void and shall be given no effect,” the Utah Supreme Court said in a statement. 

In its statement, the Supreme Court said that, according to the Utah Constitution, before a proposed amendment can be put to a popular vote, the Legislature would have to provide a way for the proposed amendment to be published in at least one newspaper in every county of the state for two months preceding the next general election. 

They also held that the description of the amendment, as it would appear to voters, doesn’t include “clarity as to enable to voters to express their will.” 

A lower court judge voided the question from the ballot earlier this month because she believed the way the legislature worded the question was misleading.

Reaction to the ruling

President of the Utah Senate Stuart Adams and House Speaker Mike Shutlz, the defendants in the case, issued a statement following the ruling. 

“The Court’s action is unprecedented and troubling. The Legislature offered the Court a way to preserve the voting rights of all Utahns, but instead, the Court took the chance to vote on Amendment D out of the voters’ hands. It’s a sad day for Utah and voters, whether for or against the constitutional amendments.”

Utah House Democratic Leader Angela Romero released a statement, saying that the Utah Supreme Court “confirmed” that constitutional requirements weren’t met by the Utah Legislature.

“This evening, the Utah Supreme Court confirmed that the
Legislature failed to meet constitutional requirements, rendering
Amendment D void. The rushed and misleading process led by
Republican leadership wasted time and betrayed the trust of
Utahns. The court’s decision didn’t take away voters’ rights-it
protected them from a ballot summary that failed to clearly
explain the amendment.”

Better Boundaries Utah, an initial opponent of the proposed amendment, said in statement that they “applaud” this decision. 

“Today’s decision… [holds] that the ballot language authored by legislative leadership seeking to push through its hasty amendment was too confusing to even place before Utah’s voters.

With this decision, the Legislature must accept a clear reality – that its attempts to subvert the right of the people to reform their government must stop. We are grateful that our balanced system of government has worked, and look forward to the implementation of the reforms the people voted for in 2018.”

What about the already-printed ballots? 

Ballots have already been printed and sent out, according to Salt Lake County Clerk Lannie Chapman. So, it’s likely that Amendment D will remain on the November ballot. However, whether people vote on it or not, those votes will not be counted. 

 

History of Amendment D

During an emergency special session on Wednesday, Aug. 21, Utah lawmakers voted in favor of ballot language asking voters if they’d approve giving lawmakers more power to alter or repeal citizen initiatives. KSL TV reports the measure passed 20-8 in the Utah Senate and 54-20 in the House. 

The move by lawmakers came after the Utah Supreme Court ruling on July 11, 2024, that lawmakers “may have overstepped” when they changed a ballot initiative to create an independent redistricting commission. 

As reported by KSL TV, discussion about redistricting in Utah began in 2018 when voters approved an independent commission to draw congressional maps. In 2020, Utah lawmakers repealed most of that law and in 2021, they drew their own maps.

Suggested related reading:

• Legal expert discusses the Amendment D ruling on Utah’s November ballot
• Lawmakers file appeal to restore Amendment D on ballot
• Group asks Utah court to remove Constitutional Amendment D from ballot