Utah lawmakers seek voter approval to amend passed ballot measures

SALT LAKE CITY (AP) — On Wednesday, the Republican-majority Legislature of Utah convened to deliberate whether to present a measure to voters in November that would allow lawmakers to modify existing state ballot initiatives after their passage.

This move follows frustrations stemming from a state Supreme Court ruling which clarified the limits of legislative authority regarding citizen-initiated measures. Lawmakers deemed it necessary to summon a special session, utilizing broadly interpreted emergency powers, to amend the state constitution.

If the proposed amendment secures legislative approval and subsequently gains majority support from Utah voters, lawmakers would obtain the constitutional ability to alter or entirely repeal measures that voters have previously approved.

The new authority could be applied to prior initiatives as well, including the redistricting measure that sparked the recent Supreme Court decision restricting the Legislature’s power over voter-approved initiatives.

In 2018, Utah voters endorsed a ballot initiative that established an independent commission responsible for redrawing voting districts every decade, which submits recommendations to the Legislature. While the Legislature is allowed to review these maps, they cannot be manipulated to safeguard incumbents or favor specific political parties—provisions the Legislature sought to modify in 2020.

Legal challenges arose when legislators bypassed a congressionally sanctioned map drawn by the commission, opting instead for a new map that divided liberal Salt Lake County into four congressional districts, which all ultimately elected Republican representatives by substantial margins.

Last month, the entirety of the five Republican-appointed justices of the state Supreme Court sided with critics who asserted that the Republican supermajority had diminished the voter mandate when it altered the anti-gerrymandering ballot initiative.

According to Utah’s constitution, statewide ballot initiatives hold considerable importance, equating their approval to that of laws passed through the Legislature. Presently, lawmakers possess limited power to amend these initiated laws, permitted only to reinforce them or to meet a pressing public interest without undermining their effect, as dictated by the Supreme Court.

The current legislative endeavor aims to bypass this ruling by broadening their constitutional authority. However, the ultimate decision will rest with the voters.

Democratic members of the Legislature have voiced strong opposition, labeling this move a “power grab.” In contrast, Republican leaders, including Senate President Stuart Adams and House Speaker Mike Schultz, contend that having immutable laws in place poses risks that require the ability for modification.

State Senator Kirk Cullimore, one of the proposal’s proponents, expressed during the floor discussions that the Supreme Court has elevated citizen initiatives to “super laws,” which are not amendable at the same level as legislative acts. Cullimore, alongside party affiliates, rejected a Democratic suggestion to restrict the proposal solely to prospective initiatives.

Utah is not alone in facing these legislative attempts to obtain authority over ballot measures. Various states have engaged in similar discussions, often aimed at modifying the political redistricting process.

In Missouri, where voters approved a revamped redistricting process in 2018—coinciding with Utah’s efforts—lawmakers quickly sought a ballot amendment to reverse key components of that measure, which was ultimately accepted by voters in 2020.

In Arizona, a 2022 proposal introduced by lawmakers sought to empower them to amend or rescind entire voter-approved measures if any section was declared unconstitutional by state or federal courts. Voters rejected that initiative.

This year, an advocacy organization in Ohio successfully secured a spot on the ballot for a measure aiming to form a new commission responsible for legislative and congressional maps. State Attorney General Dave Yost raised objections regarding the language of the proposed ballot measure on two separate occasions.

In Utah, a lower court will reevaluate the method for redrawing congressional districts following the Supreme Court decision, although existing district boundaries will remain unchanged for the ongoing election cycle.