Case Summary
After the Utah Supreme Court’s July 2024 ruling on citizen initiatives and redistricting, LWV Utah filed a supplemental complaint and motion for a preliminary injunction to keep Amendment D off the November 2024 ballot. Amendment D would have effectively eliminated the right of voters to reform their government with ballot initiatives by allowing the Legislature to overturn and modify initiatives after they passed. Plaintiffs asserted the summary used to describe the amendment and the failure by the Legislature to strictly comply with the prescribed procedures on placing amendments on the ballot were illegal under the state constitution.
In July 2024, in a lawsuit brought against SB 200, which largely repealed Proposition 4 — a fair redistricting initiative approved by the voters in 2018 — the Utah Supreme Court ruled that the legislature could not alter ballot initiatives to reform government without satisfying strict scrutiny. Alternatively stated, when Utahns exercise their right to change the government through a ballot initiative, it is protected from undue government infringement. The Court remanded the case to state trial court, allowing the plaintiffs to proceed with their claim that SB 200 is unconstitutional. Additional background information on that case, LWV Utah v. Utah State Legislature, may be found here.
In response to the ruling, the Utah State Legislature attempted to place Amendment D on the November 2024 ballot to change the state constitution. The legislature stated that Amendment D would strengthen the citizen initiative process; however, in practice, it would grant the Legislature power to amend or repeal laws that were passed by initiative. This case is a supplemental complaint and motion for preliminary injunction stemming from the same matter with LWV Utah and Mormon Women for Ethical Government (MWEG) remaining as plaintiffs.
The plaintiffs first argued that the language summarizing Amendment D on the ballot was deceptively written to mislead voters into voting to eliminate their constitutional right to reform their government through ballot initiatives.
The second argument was that the legislature failed to abide by state constitutional requirements mandating the full text of a proposed amendment be published in at least one newspaper in each county where newspapers are published for two months leading up to the election. This requirement aims to ensure that voters have notice of amendments and understand their options when voting.
On September 12, 2024, the trial court struck down Amendment D, ruling the legislature’s summary would likely fail to accurately inform voters and violated their state constitutional right to vote for failing to provide them accurate information on the amendment. The court also ruled the legislature had failed to follow the notice requirements for publishing the amendment required by the Utah constitution. The court allowed Amendment D to appear on the ballot to allow voters to vote on it if the decision was later overturned, but declared no votes for it would count unless its ruling were reversed.
On appeal, the Utah Supreme Court heard oral arguments on September 25, 2024, and, later that day, ruled in favor of LWV Utah and MWEG. It ruled that: (1) Utahns have a constitutional right to a fair ballot that is not misleadingly explained, and (2) the Utah State Legislature must comply with the state constitution’s notice requirements for amendments. Because of the lack of notice and deceptive summary, the Court declared Amendment D void. The text of the amendment would be on the ballot, but no votes for it would count.
LWV Utah was represented in this matter by Campaign Legal Center, Parr Brown Gee & Loveless, and Zimmerman Booher.
LWV Timeline
Utah legislature places Amendment D on ballot
The Utah Legislature places Amendment D on the ballot. The amendment would allow the Legislature to modify and repeal ballot initiatives enacted by the people at its discretion.
Plaintiffs file complaint and motion for preliminary injunction
Plaintiffs file a complaint and motion for preliminary injunction challenging the deceptive ballot summary language for Amendment D and requesting it be removed from the November 2024 ballot.
Plaintiffs file second complaint and second motion for preliminary injunction
Plaintiffs file a second complaint and motion for preliminary injunction challenging the Utah State Legislature’s failure to comply with public notice requirements for proposed constitutional amendments.
Trial court grants preliminary injunction
The trial court grants plaintiffs a preliminary injunction, voiding Amendment D due to its misleading language and the Legislature’s failure to comply with the Utah Constitution’s publication requirements.
Utah Supreme Court hears oral arguments
The preliminary injunction voiding Amendment D goes to the Utah Supreme Court on appeal. Counsel from CLC argues for the League and co-plaintiff.
Utah Supreme Court affirms preliminary injunction
The Utah Supreme Court unanimously affirms the trial court’s order striking down Amendment D.
Utah Supreme Court releases full opinion
The Utah Supreme Court issues its full, unanimous opinion, finding that the trial court did not err in granting the preliminary injunction against Amendment D. The opinion finds that the legislature failed to comply with the Utah constitution by failing to publish a summary of the amendment that accurately reflected its contents and adhere to the publication requirements for a proposed amendment.