Utah Supreme Court issues reasoning for voiding Amendment D

SALT LAKE CITY — The Utah Supreme Court has issued its full reasoning for affirming a Utah Court of Appeals ruling that Amendment D, which would alter the course of citizen-led ballot initiatives, is void.

 

Utah lawmakers asked for the high court review after 3rd District Judge Dianna Gibson granted a preliminary injunction, voiding the question on the General Election ballot.

The Utah Supreme Court agreed that Utah lawmakers failed to publish the proposed amendment in newspapers, violating “constitutionally mandated procedures,” stating:

In the case of Amendment D, those constitutionally mandated procedures were not followed. That is a legal determination, not a policy choice. We respect the Legislature’s constitutional role in proposing amendments and express no opinion on the wisdom of Amendment D. That is a matter for the voters to decide. But the Utah Constitution allows that to happen only when the question is properly placed before them.

Because Amendment D was not submitted to the voters in the way our constitution requires, it is void. Although it is no longer possible to remove Amendment D from the printed ballots, any votes for or against the amendment will have no effect.
Accordingly, the preliminary injunction entered by the district court is affirmed.

NEW: The full Utah Supreme Court opinion on Amendment D is out, and even though we already knew it’s void, the justices unanimously agreed “the language did not accurately reflect the substance of the Amendment.” And, it was not submitted to voters properly. @KSL5TV pic.twitter.com/iHhy816ZrF

— Lindsay Aerts (@LindsayOnAir) October 24, 2024

 

The decision changes nothing on the November ballot — Utah voters will still see Amendment D as an option, but votes for or against it will not count. 

This story will be updated.

Read more: Two proposed constitutional amendments on the Utah November ballot remain, two are void

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