The Utah Supreme Court has ruled against Amendment D, a controversial ballot measure that would have given state legislators the power to rewrite or veto voter-approved initiatives, in a decision hailed by voter rights advocates as a significant victory.

According to the Washington Examiner, the ruling upholds a lower court’s decision, preventing Amendment D from being placed on the ballot and stopping state lawmakers from gaining the authority to alter or repeal measures passed by the public.

Utah Supreme Court Voids Controversial Amendment

The Utah legislature created Amendment D during an emergency special session in August 2024 to expand the powers of state lawmakers over voter-approved ballot initiatives. If passed, the amendment would have allowed the legislature to make significant changes or even completely repeal measures approved by Utah voters. The Republican-dominated legislature supported the amendment, arguing it would help prevent “foreign” influence in the state’s lawmaking process.

However, the Utah Supreme Court’s ruling has now blocked the measure, citing two constitutional violations in the process leading up to the amendment’s proposal. The court, in a per curiam decision, highlighted that officials never published the amendment in newspapers statewide for the required two-month period, and the ballot description of the amendment was not clear enough for voters to express their will.

The court’s decision backs a prior ruling by 3rd District Court Judge Dianna Gibson, who had also found the measure unconstitutional. “The district court correctly ruled that neither constitutional prerequisite was met with respect to Amendment D,” the Supreme Court stated.

Gaps In Ballot Description Lead To Controversy

One of the central issues with Amendment D was the way it was presented to voters. Opponents of the measure, including Mark Gaber of the League of Women Voters of Utah, argued that the ballot description failed to explain the full extent of the legislature’s new powers under the amendment.

“The central feature of Amendment D is that the legislature has unfettered power under the Amendment to repeal any initiative that a voter passes. You do not see the word ‘repeal’ anywhere on the ballot summary, but that is the key power the legislature is transferring to itself,” Gaber said.

This lack of clarity in the ballot description was a critical factor in the court’s ruling, which emphasized that voters need sufficient information to make informed decisions. “The description that will appear on the ballot does not submit the amendment to voters ‘with such clarity as to enable the voters to express their will,’” the court noted.

Republican Lawmakers Criticize Court Ruling

While the court’s decision was welcomed by voter rights advocates and the Utah Democratic Party, legislative leadership expressed strong opposition. Senate President J. Stuart Adams and Speaker Mike Schultz, both key supporters of Amendment D, called the court’s action “unprecedented and troubling.”

In a joint statement, Adams and Schultz argued that the court had taken the opportunity to vote on the amendment away from Utahns. “The Legislature offered the Court a way to preserve the voting rights of all Utahns, but instead, the Court took the chance to vote on Amendment D out of the voters’ hands. It’s a sad day for Utah and voters, whether for or against the constitutional amendments,” they said.

The lawmakers maintained that they intended Amendment D to strengthen the citizen initiative process, despite opponents' claims to the contrary. They also argued that the amendment would have clarified the process for voters and helped shield Utah’s lawmaking from undue external influence.

Democrats And Advocacy Groups Applaud Decision

On the other side of the debate, the Utah Democratic Party praised the ruling, describing it as a safeguard for voters’ rights. In a statement, the party said the decision would protect Utahns from efforts by the Republican supermajority to limit their influence in state lawmaking.

“The decision ensures that voters can make their voices heard, despite all the Republican Supermajority’s attempts to trick Utahns into giving away their power,” the party said.

Voter advocacy groups, including the League of Women Voters of Utah, have been vocal in their opposition to Amendment D. They argued that the measure would effectively strip voters of their constitutional rights by enabling the legislature to overrule initiatives the public had already approved. For these groups, the court’s ruling represents a critical victory in the fight to protect the integrity of Utah’s direct democracy process.

Court Decision Stands, But Ballot Vote Still Possible

The Utah Supreme Court’s ruling blocks any legal changes resulting from the vote but does not entirely remove Amendment D from the ballot. Voters can still vote on the measure, but the results will be largely symbolic since officials will not implement any immediate changes.

Despite this, the ruling has effectively nullified the impact of the vote, ensuring that even if Amendment D were to receive support from voters, it would not carry the weight of the law. This has led to frustration among supporters of the measure, who believe that the court has undermined the will of the people by preventing them from fully weighing in on the issue.

With the ruling now in place, the focus is likely to shift to future legislative efforts to address the concerns raised by both sides. We have yet to see whether the Utah legislature will attempt to introduce a revised version of the amendment that addresses the court’s constitutional concerns or if they will set the issue aside for now.