Denied. Disallowed. Defunct. Whatever word you prefer, the Utah Legislature's attempt to cement its authority to undo citizen-led ballot initiatives permanently into the Utah Constitution was dismantled by a judge on Thursday morning.
In her ruling, Third District Judge Dianna Gibson rendered Amendment D void. Since the deadline for printing ballots possibly conflicts with the timing of her decision, Gibson said the amendment will remain on the ballot, but the votes won't be counted.
Last month, the Utah Legislature held an emergency session to place the proposed Amendment on November's ballot. The constitutional change was prompted by a Utah Supreme Court ruling that the Legislature overstepped its authority when it gutted Prop. 4, the independent redistricting commission ballot initiative approved by voters in 2018.
Gibson ruled that the ballot language for the proposed amendment was misleading and did not accurately inform voters of the ramifications if they approved it in November.
The ballot language said the amendment would "strengthen the initiative process" and "clarify the voters and legislative bodies ability to amend laws." Gibson noted that language obscures the true intent behind the amendment - to give the Legislature near unlimited power to change or repeal any law enacted through a citizen initiative.
"This provision does strengthen and clarifies the Legislature's power to change laws passed by citizen initiative for any reason, but at the expense of the People's Legislative power," Gibson wrote. "The plain language of the proposed amendment provides no limitation on Legislative power."
Gibson points out that the misleading ballot language asks voters to approve a change to the state constitution that would be nearly impossible to undo.
"It is the Legislature's duty and obligation to inform voters and accurately describe constitutional amendments that impact a citizen's fundamental rights. Only the Legislature can propose constitutional amendments. If Amendment D passes, and citizens don't like it, only the Legislature can change the constitution. Citizens cannot," Gibson wrote.
Republican legislative leaders were outraged by Gibson's ruling and vowed to appeal the decision to the Utah Supreme Court. In a statement, Senate President Stuart Adams, R-Layton, and House Speaker Mike Schultz, R-Hooper, warned the decision leaves the door open for out-of-state interest groups and foreign-funded entities to turn Utah into a political hellscape governed by ballot initiatives.
"It's crucial we find a path forward that safeguards our state from external influence and keeps Utah's future in Utah's hands. We will continue to exhaust all options to prevent foreign entities from altering our state," the statement said.
If that appeal is successful, voters may still vote on the amendment in November since the proposal will remain on the ballot.
