Utah Supreme Court to decide viability of a ballot question deemed 'counterfactual' by lower court
The Utah Supreme Court is poised to decide whether a proposed constitutional amendment that asks voters to cede power to lawmakers over ballot measures is written clearly and should be counted on the November ballot
SALT LAKE CITY (AP) — The Utah Supreme Court is poised to decide whether a proposed constitutional amendment that asks voters to cede power to lawmakers over ballot measures is written clearly and should be counted on the November ballot.
Attorneys for the Legislature and a coalition of voting rights groups argued Wednesday before the state Supreme Court after a lower court ruled earlier this month that voters should not decide on the consequential ballot question this year.
Republican legislative leaders are asking the five-justice panel to overturn District Judge Dianna Gibson's ruling and put Amendment D back before the public. But opponents of the measure warn that it is written in a way that could trick voters into giving up their power to pass meaningful legislation.
If the amendment is revived and approved this fall by a majority of Utah voters, it would give lawmakers constitutional authority to rewrite voter-approved ballot measures or repeal them entirely. Lawmakers also could apply their new power to initiatives from past election cycles.
