Utah Supreme Court to decide viability of a ballot question deemed ‘counterfactual’ by lower court

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.

The summary that voters will see on their ballots only asks if the state constitution should be changed to “strengthen the initiative process” and to clarify the roles of legislators and voters.

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