Utah lawmakers will vote to reverse controversial public union law in special session

Top Republican lawmakers made a surprise announcement on Sunday that the Utah Legislature will vote to repeal a law banning public union collective bargaining during a special legislative session called by Utah Gov. Spencer Cox.

Cox asked lawmakers to convene on Tuesday as the state readies to launch an appeal of the state’s redistricting lawsuit that resulted in a district court judge replacing the state’s congressional boundaries with a map that all-but guarantees a Democratic seat in Salt Lake County.

But legislative leadership also plans to use the opportunity to reverse one of the most controversial bills of 2025.

Repealing the public unions bill

HB267 prohibits taxpayer-funded union activity and bars public employers from recognizing unions as the bargaining agent for public employees. The bill’s GOP proponents argue it prevents unions from acting as the sole representative of public employees, including those who are not members, in negotiations with elected officials.

The bill drew thousands of public employees, mostly teachers, to the state Capitol in protest on multiple occasions during the general session. Its passage in February galvanized a referendum campaign that successfully gathered more than 251,000 valid signatures before May to put it on the general election ballot for voters to decide.

On Sunday, legislative leadership and Protect Utah Workers, the coalition behind the referendum effort, published a joint statement endorsing an end to the law, expressing a shared desire for public employees to have a seat at the table and committing to work together to find common ground.

“It’s clear that the heated debate around these issues has created unnecessary division, which was never the intent,” said Senate President Stuart Adams, R-Layton, and House Speaker Mike Schultz, R-Hooper. “Repealing the bill allows us to reset the discussion and move forward to ensure we get this right.”

The two lawmakers, who had previously defended HB267 as “good policy,” said they would continue conversations with stakeholders to find solutions that support public workers, while also protecting taxpayer dollars and ensuring that government remains accountable to voters.

A Deseret News poll conducted in April found that 34% of Utah voters said they supported the law, 38% opposed it and 28% said they don’t know. A Deseret News poll conducted a month later found voters similarly split, with 36% saying they would vote in favor of a repeal of the law, 32% against and 31% unsure.

“We know Utahns support the rights of public workers,” Protect Utah Workers said. “The coalition thanks legislative leadership for listening to the people and appreciates the conversations we’ve had to support public employees. This repeal preserves the rights of first responders, educators, and all other critical public workers who improve the lives of Utahns every day.”

The winding legislative process that led to the signing of HB267 included several versions of the bill based on conversations between union leaders and bill sponsors. But after failing to reach a consensus, lawmakers moved forward with the original version.

When he signed the bill into law, Cox said he was “disappointed” the process did not yield a compromise, like the one stakeholders had considered but not all had accepted. Utah has, Cox said, been a state known for working across divisions “to solve difficult issues.”

Preparing for an appeal

Tuesday’s special session marks the latest escalation to Utah’s yearslong redistricting saga that began with the narrow passage of the Better Boundaries initiative in 2018, which created an independent commission and anti-gerrymandering restrictions to guide redistricting.

The purpose of the special session, according to GOP leadership, is to respond to the bombshell Nov. 10 court decision in which 3rd District Judge Dianna Gibson rejected lawmakers’ attempt to comply with Proposition 4 and picked an uncompetitive map drawn by the nonprofit plaintiffs.

Republican lawmakers reacted with anger to the ruling, which not only appeared to intentionally create a +20 Democratic seat, but that also chose a map without approval from the Legislature — which holds constitutional authority to divide the state into congressional districts.

In interviews with the Deseret News, Cox, Adams and Schultz have each said their concern with the ruling is that it creates a precedent that enables special interest groups to use judicial fiat to override the state’s elected policymakers.

In her response to a request from legislative defendants to pause the new congressional map, Gibson restated her claim on Friday that “Map C” — lawmakers’ attempt to comply with her interpretation of Proposition 4 — was “an extreme partisan gerrymander,” and defended her legal authority to choose a new map because she believes lawmakers failed to follow the law.

The GOP supermajority have vowed to appeal the entire case to the state Supreme Court — and U.S. Supreme Court if needed. But Cox, Adams and Schultz have said Gibson’s pattern of delaying legal orders past deadlines has forced them into a difficult timeline to challenge her decision.

What will lawmakers vote on?

On Tuesday, lawmakers will vote to push the state’s congressional candidate filing period back from the first week of January until after the legislative session in March to give candidates, and election workers, more time to adjust their plans based on the legal fate of Utah’s congressional map.

The congressional filing period will be severed from the deadline to declare intent to gather signatures, which will remain the same. This allows congressional hopefuls who currently serve in the Legislature to act as if they are running for reelection until the 2026 maps are finalized.

If a current state lawmaker declares in March that they want to run for the U.S. House of Representatives, they must withdraw their earlier declaration from January of their intent to run for state Legislature. The bill will not impact the timelines for party conventions or primary elections.

The bill, sponsored by Sen. Scott Sandall, R-Tremonton, will allow candidates hoping to qualify for congressional primaries to gather signatures anywhere in the state, as opposed to only within their desired congressional district, because district boundaries are still up in the air.

Last on the agenda, lawmakers will vote on a resolution, sponsored by Rep. Casey Snider, R-Paradise, that would reaffirm the legislative majority’s position that lawmakers have the constitutional responsibility over redistricting, and would condemn the court’s ruling in the redistricting case.

The Legislature will hold a public committee hearing on Tuesday at 4pm to hear feedback on the proposed bills and resolutions. The special session will convene at 6pm, with some members attending by live video call.