Constitutional amendment to alter citizen initiative process will appear on November ballot
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Utah's Republican-dominated legislature approved placing a constitutional amendment on the November ballot during a special session Wednesday that, if passed, would allow state lawmakers to alter or repeal citizen initiatives.
Why it matters: If a majority of voters approve, it would hand over more control to legislators to shape voter-backed ballot initiatives as they see fit.
Catch up quick: The proposed amendment comes weeks after the state Supreme Court ruled that Utah legislators cannot ignore the voter-approved anti-gerrymandering ballot initiative in drawing electoral maps.
- Republicans scrutinized the decision, calling it "one of the worst outcomes we've ever seen from the Utah Supreme Court."
- The ruling sided with the League of Women Voters of Utah and other plaintiffs who filed a lawsuit last year accusing state lawmakers of diluting Democratic votes in the state's most populous county.
Context: Voters in 2018 narrowly approved the "Better Boundaries" ballot initiative, which created a seven-member independent redistricting commission to draw new congressional boundaries to avoid gerrymandering.
- State lawmakers in 2020 revised the law to make that commission advisory. The following year, lawmakers rejected the commission's maps and drew new ones that split blue-leaning Salt Lake County into four congressional districts.
State of play: During a committee hearing before the special session, Utah Senate Majority Whip Kirk Cullimore (R-Sandy) argued the court's ruling hamstrings legislators' ability to refine legislation and address unintended consequences.
- Republicans noted that the Utah Supreme Court ruling had the potential to create "super laws" that are untouchable to legislators. Several conservatives warned against Utah turning into California.
The intrigue: State Rep. Jordan Teuscher (R-South Jordan) said the issue was much bigger than the Utah Supreme Court's redistricting decision.
- "We're not bringing forth this constitutional amendment because the legislature is butt hurt that maybe we may have to redraw maps," he said.
The other side: Utah House Democratic leaders on Tuesday accused Republicans of using their emergency powers to call a special session a "blatant power grab."
- During floor debate on Wednesday, state Rep. Brian King, a Democratic gubernatorial candidate, called the process "legislative malpractice at best," adding that passing the measure would erode voters' confidence in legislators.
Case in point: In recent years, Republican state lawmakers significantly altered voter-approved initiatives that sought to legalize medical cannabis and expand Medicaid.
- State Rep. Andrew Stoddard (D-Midvale), who opposed the amendment, cited a 2024 survey by the Utah Foundation, a nonpartisan think tank, that showed a top concern among voters was politicians not listening to them.
Between the lines: Changes to the state constitution are required to be placed on the ballot for voters to decide.
By the numbers: The proposal passed the House 54-21 and the Senate 20-8.
What's next: County clerks will begin mailing ballots to eligible voters between Oct. 15-29.