Utah voters will not have the opportunity to decide on a constitutional amendment regarding ballot measures this November, as the Utah Supreme Court upheld a lower court decision voiding the amendment. The proposed amendment, known as Amendment D, sought to give lawmakers the power to alter or repeal voter-approved ballot measures.
The high court ruled that the ballot question was presented in a misleading manner, with a summary that did not accurately convey the extent of power that would be transferred to state lawmakers. The justices agreed with the district judge's ruling that the ballot question language was 'counterfactual' and failed to disclose the full implications to voters.
Despite the ruling, the text of the amendment will still appear on Utah ballots this November due to printing deadlines, but votes cast for or against it will not be counted. The decision was met with mixed reactions, with Utah Democrats celebrating the ruling as a victory for voter rights, while Republican legislative leaders expressed disappointment.
Republican lawmakers had pushed for the amendment in response to a previous Utah Supreme Court ruling that limited their authority to change laws approved through citizen initiatives. The court's decision emphasized the importance of presenting ballot questions clearly and in compliance with the state constitution, leaving open the possibility for a similar proposal to be put forth in 2026.
The ruling marks a significant development in Utah's legislative landscape, highlighting the ongoing debate over the balance of power between lawmakers and voters in the state's democratic process.
