Amendment D ballot language was misleading to voters, Utah Supreme Court affirms
In a full, 53-page opinion published Thursday, the Utah Supreme Court explained why it ruled last month to uphold a district court judge’s decision to void Amendment D.
The proposed constitutional amendment — put on the Nov. 5 ballot after the GOP-controlled Utah Legislature called itself into a special session in August — would have effectively invalidated the Utah Supreme Court’s recent interpretation of the constitution when the court sided with anti-gerrymandering advocates in a lawsuit against the Utah Legislature for repealing and replacing a 2018 ballot initiative that would have implemented an independent redistricting commission.
That July 11 ruling made clear that the Legislature’s power to amend certain initiatives has limits, and the Utah Constitution protects “government reform” initiatives from being overridden by lawmakers without a compelling government interest.
“Amendment D would alter that balance and give the Legislature unfettered constitutional authority to amend or repeal any initiative, including those that reform the government. But the ballot title does not disclose this fundamental change,” Justice Diana Hagen wrote in the unanimous opinion.
https://utahnewsdispatch.com/2024/10/24/amendment-d-ballot-language-was-misleading-utah-supreme-court-decision/