The Utah Supreme Court has upheld a lower court's decision to void a constitutional amendment that would have granted lawmakers extensive power over ballot initiatives.
According to AP News, the high court ruled on Wednesday that the proposed Amendment D would not appear on November ballots, citing misleading language and failure to meet publication requirements.
The amendment, crafted by Republican legislative leaders, aimed to give lawmakers the authority to rewrite or repeal voter-approved ballot measures, including those from past elections. However, the ballot summary presented to voters was deemed inadequate by the court.
The justices agreed with District Judge Dianna Gibson's earlier ruling that the ballot question language was "counterfactual" and failed to disclose the full extent of power voters would be granting to lawmakers.
The Utah Supreme Court's opinion stated that the description did not provide voters with sufficient clarity to express their will. This lack of transparency was a key factor in the court's decision to uphold the lower court's ruling.
Despite the court's decision, the amendment text will still appear on Utah ballots this November due to printing deadlines. However, any votes cast for or against the measure will not be counted.
Utah Democrats celebrated the decision, with state party chair Diane Lewis calling the blocked ballot question "intentionally deceitful." Lewis praised the Supreme Court's decision, stating:
Today's Supreme Court decision ensures that voters can make their voices heard, despite all the Republican supermajority's attempts to trick Utahns into giving away their power.
In contrast, Republican legislative leaders expressed disappointment with the ruling. Senate President Stuart Adams and House Speaker Mike Schultz released a joint statement, describing the decision as troubling and calling it a sad day for the state.
The Republican leaders argued that the Legislature had offered a way to preserve voting rights, but the court had instead taken away the chance for voters to decide on Amendment D.
The Supreme Court's decision marks a significant moment in the ongoing debate over the balance of power between lawmakers and voters in Utah's initiative process.
While the justices agreed that voters should eventually have the opportunity to decide on granting lawmakers greater power over citizen-approved initiatives, they emphasized that such a question must be presented in compliance with the state constitution.
This ruling follows a July decision by the Utah Supreme Court that found the Legislature has limited authority to change laws approved through citizen initiatives. The proposed amendment was seen as an attempt to circumvent this earlier ruling. The Utah Legislature's next opportunity to place a similar proposal on the ballot will be in 2026, giving lawmakers time to reconsider their approach and potentially craft a more transparent ballot question.
The Utah Supreme Court's decision upholds the integrity of the ballot initiative process, ensuring that voters are presented with clear and accurate information when making decisions on constitutional amendments. The ruling prevents lawmakers from gaining broad powers over voter-approved measures and maintains the current balance between legislative authority and citizen initiatives in Utah.
