• info@ahalasoftware.com
  • +2348037174392,+1 347 703 4030
Ahala Software
Ahala Software
  • Home
    • Pages
      • Student Registration
      • Instructor Registration
      • FAQs
      • Terms and Conditions
  • Courses
    • Our Courses
    • Courses Grid
      • 3 Columns
      • 4 Columns
    • Become An Instructor
  • Webinars
    • All webinars
  • Blog
    • Blog Page
  • About Us
  • Contact
  • |
  • Login
  • Register
    • Login
    • Register

Utah Supreme Court crushes constitutional amendment deemed ‘counterfactual’ by lower court

Ahala Software > Blog > News > Utah Supreme Court crushes constitutional amendment deemed ‘counterfactual’ by lower court
  • September 26, 2024
  • News


SALT LAKE CITY — Utah voters will not decide this November on a constitutional amendment asking voters to cede power over ballot measures to lawmakers after the Utah Supreme Court on Wednesday upheld a lower court decision voiding the amendment.

The five-justice panel grilled attorneys for the Legislature earlier Wednesday before siding with opponents of the amendment who argued it would have been presented to voters in a misleading manner. Republican legislative leaders, who penned the ballot question, had asked the high court to overturn a district judge’s ruling and put Amendment D back before the public.

The amendment would have given lawmakers constitutional authority to rewrite voter-approved ballot measures or repeal them entirely. Lawmakers also could have applied their new power to initiatives from past election cycles.

But the summary that voters would have seen on their ballots only asked if the state constitution should be changed to “strengthen the initiative process” and to clarify the roles of legislators and voters.

“The description does not submit the amendment to voters ‘with such clarity as to enable the voters to express their will,'” the high court wrote in its opinion.

The justices said District Judge Dianna Gibson ruled correctly in mid-September when she ordered that any votes cast for or against the amendment should not count. She ruled that the ballot question language was “counterfactual” and did not disclose to voters the unfettered power they would be handing to state lawmakers.

The state Supreme Court also agreed with Gibson’s assessment that the Legislature had failed to publish the ballot question in newspapers across the state during the required time frame.

Because of ballot-printing deadlines, the amendment text will still appear on Utah ballots this November, but votes will not be counted.

Utah Democrats were quick to celebrate the ruling, which blocked a ballot question that state party chair Diane Lewis called “intentionally deceitful.”

“Today’s Supreme Court decision ensures that voters can make their voices heard, despite all the Republican supermajority’s attempts to trick Utahns into giving away their power,” Lewis said.

Republican legislative leaders did not immediately comment on the ruling Wednesday evening. Their next opportunity to place a similar proposal on the ballot will be in 2026.

Republican Gov. Spencer Cox said last week during his monthly televised news conference at KUED-TV that he thought Gibson’s lower court opinion was “compelling,” but he declined to say whether he thought the ballot question was misleading.

“It is important that the language is clear and conveys what the actual changes will do,” Cox said. “I do hope that, eventually, the people of Utah will get a chance to weigh in and decide one way or another how this is going to go. I think that’s very important, but it is important that we get it right.”

Justices agreed that voters should eventually have an opportunity to decide if they want to give lawmakers greater power to change citizen-approved initiatives, but only if the question is presented in a way that complies with the state constitution.

The amendment marked lawmakers’ first attempt to circumvent another Utah Supreme Court ruling from July, which found that the Legislature has very limited authority to change laws approved through citizen initiatives.

Frustrated by that decision, legislative leaders in August used their broadly worded emergency powers to call a special session in which both chambers approved placing an amendment on the November ballot. Democrats decried the decision as a “power grab,” while many Republicans argued it would be dangerous to have certain laws on the books that could not be substantially changed.

Taylor Meehan, an attorney for the Legislature, defended the proposal before the state Supreme Court earlier Wednesday, arguing that a reasonably intelligent voter would be able to understand the intent of the ballot question. She said the summary that appears on the ballot is not required to educate voters about the effects of the amendment and is meant to point people to the full text to learn more.

Mark Gaber, an attorney for the League of Women Voters, argued voters would not assume the ballot summary was false and should not be expected to go searching for accurate information.



Source link

Post navigation

Previous Post
Next Post

Leave A Comment Cancel reply

All fields marked with an asterisk (*) are required

Recent Posts

  • How Democrats in America’s most Jewish city embraced a critic of Israel
  • McLaren driver Lando Norris wins Formula 1's Austrian Grand Prix
  • Longtime State Department spokesman, diplomat Richard Boucher, dies at 73
  • After decades in the US, Iranians arrested in Trump’s deportation drive
  • Winning numbers drawn in Saturday’s Powerball

Recent Comments

  1. Admin on The Curse
  2. Admin on Beverages History
  3. Admin on Expeditionary
  4. Admin on Only Words
  5. Admin on The Warmag

Archives

  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024

Categories

  • Entertainment
  • Investment
  • Miscellaneous
  • News
  • Sports
  • World news

Recent Posts

  • How Democrats in America’s most Jewish city embraced a critic of Israel
    June 29, 2025
  • McLaren driver Lando Norris wins Formula 1's Austrian Grand Prix
    June 29, 2025
  • Longtime State Department spokesman, diplomat Richard Boucher, dies at 73
    June 29, 2025

Categories

  • Entertainment
  • Investment
  • Miscellaneous
  • News
  • Sports
  • World news

Archives

  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024

Meta

  • Register
  • Log in
  • Entries feed
  • Comments feed
  • WordPress.org

Ahala Software

Follow Us

Recent Posts

  • How Democrats in America’s most Jewish city embraced a critic of Israel
    June 29, 2025
  • McLaren driver Lando Norris wins Formula 1's Austrian Grand Prix
    June 29, 2025

Contact Us

  • Head Office Address:
    2753 Sexton Place,
    Bronx, New York 10469.
    United States of America.

  • info@ahalasoftware.com

  • +1 347 703 4030

Contact Us

  • Branch Office Address:
    39 Alfred Rewane Road Ikoyi, Lagos.

  • info@ahalasoftware.com

  • +2348037174392

© Copyright 2024. Ahala Software All Rights Reserved