SALT LAKE CITY — Lawyers for the plaintiffs in the lawsuit over Proposition 4 and independent redistricting have filed a new complaint, asking a judge to block an initiative being run by members of the Utah Republican Party.
The Utah GOP's initiative seeks to undo Prop. 4 itself, the voter-approved citizen ballot initiative that passed in 2018 and led to the current legal battle playing out over congressional maps. The party plans to gather more than 70,000 signatures. But instead of taking it to voters if it is successful, it would be an "indirect initiative" and go before the Republican supermajority Utah State Legislature.
Lawyers for the League of Women Voters of Utah, Mormon Women for Ethical Government and the other plaintiffs filed papers late Wednesday with 3rd District Court Judge Dianna Gibson, asking her to grant an injunction blocking Lt. Governor Deidre Henderson from accepting the Utah GOP's initiative.
"Now, six individuals supported by partisan special interests have hatched a plan that they believe will be the new death knell to Proposition 4’s anti-gerrymandering reforms: collect signatures from 4% of Utah voters and on that basis provide cover for the Legislature to again repeal Proposition 4," David Reymann, an attorney for the plaintiffs wrote in a motion obtained by FOX 13 News. "That too is unconstitutional. This latest gambit is not the end-run around the Constitution that its proponents believe. The Constitution creates one category of initiatives: those decided by the People by majority vote. Government reform initiatives adopted by majority vote are entitled to constitutional protections."
Utah Republican Party Chair Rob Axson blasted the injunction in a statement to FOX 13 News on Thursday.
"It is the height of arrogance and hypocrisy for those who once used the courts and the initiative process to push their agenda to now try to deny others that same right. Having climbed the ladder allowed in the process and the courts, they now beg for continued unilateral action from one judge to pull the ladder up behind them," he said in a text message.
"You cannot celebrate the rule of law when it serves you and undermine it when others use those same tools. The courts and the people’s initiative process belong to all Utahns—and are laid out in the law. If their ideas truly stand on principle, they should welcome debate, not hide behind legal gamesmanship to deny Utahns who disagree with them from being heard."
The plaintiffs have also sought an injunction blocking a bill passed by the Utah State Legislature that rewrites how redistricting is done. That was passed in a special session at the same time lawmakers approved a new congressional map that was ordered by the courts. Judge Gibson previously sided with the plaintiffs in the redistricting lawsuit when she ruled Prop. 4 is law and threw out the current congressional map after the plaintiffs argued it was gerrymandering to favor Republicans.
The Utah GOP has also filed a citizen referendum seeking to undo the map the legislature passed, even though they endorsed it. Axson previously told FOX 13 News they were using the process created by the courts, even though they disagreed with the decision the judge made.
The Utah Supreme Court previously upheld the right to alter or reform government through citizen initiative.
Read the filing here:
