The Utah Republican Party, Sutherland Institute and other conservative groups and leaders are calling for a constitutional amendment to give the Utah Legislature veto power over initiatives after a Utah Supreme Court ruling allowed a lawsuit over redistricting to move forward.
Lawmakers may meet to vote to put the constitutional amendment on the ballot as soon as Wednesday, though Utah House and Senate leadership have not announced an official date for a session. Utah Gov. Spencer Cox’s office did not immediately return a request for comment.
The call for an amendment to the state’s constitution is in response to a unanimous decision handed down in July by the state’s highest court. The court ruled when citizens pass initiatives, those initiatives are protected from “unfettered legislative amendment, repeal or replacement.”
“I think that the ruling from the Utah Supreme Court establishes an expectation that is so out of line with the principles of a constitutional republic that we need to make the correction,” Utah GOP chair Rob Axson said in a phone interview with the Deseret News.
An open letter calling for a constitutional amendment was signed by several different groups and leaders including Pro-Life Utah, Gayle Ruzicka of Utah Eagle Forum and Worldwide Organization for Women.
Axson said the call for a constitutional amendment did not have to do with redistricting, but was in response to the language around initiatives in the Utah Supreme Court decision. The Sutherland Institute released a separate call for a constitutional amendment on Friday as well.
The state supreme court’s decision was in response to a lawsuit filed by the League of Women Voters of Utah, Mormon Women for Ethical Government and a group of Salt Lake voters. They challenged a congressional map lawmakers had drawn and implemented after Utah voters approved a ballot measure to create an independent redistricting commission. The commission proposed several maps, but the Utah Legislature went with a map drawn by the Legislative Redistricting Committee consisting of five Democrats and 15 Republicans.
“I appreciate Utahns and stakeholders engaging and expressing their concerns on this important issue,” said Utah Senate President J. Stuart Adams in a statement to the Deseret News. “There has been significant discussion about a special session, and we are carefully considering their requests.”
“There are discussions about the possibility of (a) special session, but no decisions have been made,” a spokesperson for the Utah House Majority said.
A member of the Utah Senate told the Deseret News the vote could come as soon as Wednesday. The senator said the vote will likely be close because a two-thirds vote is required to put a constitutional amendment on the ballot.
Why amend the Utah Constitution?
After the Utah Supreme Court issued the ruling in the redistricting case, reactions fell mostly along party lines.
Utah Republicans widely criticized the Utah Supreme Court decision. Adams and Utah House Speaker Mike Schultz called it “one of the worst outcomes” they have ever seen and said “the court punted and made a new law about the initiative power, creating chaos and striking at the very heart of our republic.”
Adams and Schultz said the court created “supreme laws” and stripped away the ability of state, county and municipal authorities to enact policies. Cox expressed disagreement with some of the court’s analysis and determination at the time.
“The Senate Democrats applaud the court’s recognition of these constitutional protections, including the right to fair and impartial redistricting processes,” said Utah Senate Democrats when the decision was handed down. “We stand firmly with the authority of Utah’s voters and their right to shape a transparent and just government that truly represents the voice of all Utahns.”
Now almost a month has passed since the ruling and Axson said he thinks the consequences of what could happen if an amendment is not passed are dire, which drove the decision to call for the amendment.
“I think the core issue is that in a republic you are electing folks to represent you and they are most closely accountable to the voters while also being positioned to make necessary judgments and adjustments,” said Axson, explaining there is sometimes a need to change law quickly and the Legislature is in the position to do that.
The ruling means if there is a ballot initiative, even if it is well-meaning, it could create a bad situation and there would be no speedy way to fix it, said Axson.
“That makes zero sense in a day and age when we need to be nimble to respond to changes in the needs of our population,” he said.
When asked to respond to the potential criticism that some citizens may see this as vetoing their voice, Axson said there should always be a back and forth. He said he thinks there is a difference between petitioning your elected officials and putting out a referendum.
“It removes deliberative dialogue necessary for good policy,” said Axson, adding he thinks there needs to be room for nuance, adjustment and collaboration.
“What we are calling for is the Legislature to take action, not to remove the rights of people, but instead, to enshrine the principles of a constitutional republic where dialogue and engagement is permitted,” he said.
Axson said not just in Utah, but across the country, special interest groups fund ballot initiatives. He does not think “the project of some billionaire” or foreign influence should prevent the Utah Legislature from acting in the best interest of citizens.
The decision to call for a constitutional amendment does not have to do with redistricting, said Axson, it has to do with Utah’s future.
“We will find massive amounts of money coming into Utah from outside groups and individuals to impact public policy,” said Axson. “And at best, we would be in a space of constant pendulum swinging one way or the other.”
“We should always be deferring to what Utahns want Utah to be,” said Axson. He thinks a constitutional amendment would allow that.
The Sutherland Institute also issued a statement recommending a constitutional amendment “to correct the flawed understanding of the Utah Constitution’s principle of proper exercise of legislative power reflected in the Utah Supreme Court’s recent ruling in League of Women Voters v. Utah State Legislature.”
“Any amount of experience with lawmaking quickly shows that good public policy is rarely fully established when a law is initially enacted,” said the Sutherland Institute. “Unforeseen consequences are a natural feature of our system of government – making the power to reform any new law an essential aspect of the reasonable understanding of the proper exercise of legislative power in our republic.”
Utah Minority Leader Angela Romero has not seen text of a proposed amendment, but in the case the amendment allows the Utah Legislature the ability to veto a citizen-driven initiative, she said she has major concerns.
“For truly a citizen legislature, we should be listening to the people of our state,” Romero said. “And I don’t think a majority of people in Utah would want to do anything that jeopardizes their voice.”
Romero said she has concerns about putting an amendment on the ballot, but she also thinks the effort might “backfire.”
Another concern Romero raised was the impact this could have with abortion laws. “When abortion has been put on the ballot, even in red states, the people have spoken and they don’t want the laws that are currently on the book,” she said, adding she thinks legislators having the ability to override that is “problematic.”
Romero said as a policymaker she is “very, very progressive,” but she finds value in seeking out commonality and looking for answers in the middle — that is what she thinks most Utahns want.
“I think of a lot of Utahs would be very frustrated if this was to be put on the ballot, and I hope if it is put on the ballot that they would come out in numbers and vote it down,” she said.
The process of amending the Utah Constitution
The first step to amend the Utah Constitution is the introduction of the text of a proposed constitutional amendment. It has to be proposed in either the Utah House or the Utah Senate.
Two-thirds of both the House and the Senate have to vote in favor of the amendment. If approved, the amendment would be put on the ballot. The Legislature has to ensure the public has the opportunity to see the amendment “in at least one newspaper in every county of the state, where a newspaper is published.”
Utah voters then decide whether or not to amend the state constitution.