A Utah judge is expected to make a decision on Thursday regarding a state constitutional amendment that could allow the state Legislature to override citizen initiatives on the November ballot. The League of Women Voters of Utah and other groups have filed a lawsuit against the ballot measure, alleging that the description of the proposal in the ballot language is confusing.
The groups are seeking to have the measure removed from the ballots before they are printed, facing a tight deadline with the election approaching in less than eight weeks. This move aims to prevent Utah’s county clerks from incurring the expenses of reprinting ballots.
During a hearing on Wednesday, Salt Lake County District Judge Dianna Gibson indicated that she would provide an informal ruling by email that evening and issue a formal decision to the public on Thursday morning. The League of Women Voters attorney Mark Gaber argued that voters could misinterpret the ballot measure to believe it would enhance the citizen initiative process, which he stated is not the case. The amendment, according to Gaber, would actually give the Legislature the power to overturn voter initiatives.
In response to a question from the judge about whether the proposed amendment would increase lawmakers’ authority over citizen initiatives, an attorney for the Legislature, Tyler Green, claimed that it would strengthen the initiative process as stated in the ballot language. Green also mentioned that the Legislature’s approval of the proposed amendment occurred less than three weeks ago, indicating that time constraints were a factor.
The proposed amendment stemmed from a 2018 ballot measure establishing an independent commission to draw legislative districts every ten years. Legislators, primarily Republicans, have opposed these changes, particularly the prohibition of gerrymandering to protect incumbents or favor a specific political party, which was removed in 2020.
The Utah Supreme Court ruled in July that the GOP had overstepped its authority by undoing the ban on political gerrymandering. In response, lawmakers convened a special session in August to place a measure on November’s ballot asking voters to grant them power that the state’s highest court had invalidated.
