SALT LAKE CITY — No constitutional amendment will be run this year seeking to reassert the Utah Legislature's power over citizen ballot initiatives, Republican legislative leaders confirmed to FOX 13 News on Wednesday.
"We believe it’s appropriate to allow the litigation to continue through the courts before considering whether any further action is necessary," House Speaker Mike Schultz, R-Hooper, said in a statement Wednesday. "Our focus remains on defending the Legislature’s constitutional authority through the judicial process."
Senate President J. Stuart Adams, R-Layton, echoed that belief in his own statement to FOX 13 News.
"As we continue to defend the constitutional authority of lawmakers and the voice of the people, we believe this litigation should proceed through the judicial process. We remain steadfast in our responsibility to uphold the Constitution and protect the principles that preserve our Republic," he said.
The decision is a sudden change for a Utah State Legislature that had been gearing up to put a constitutional amendment before voters in November that sought to re-establish lawmakers' power to modify or override citizen initiatives. A prior effort, known as Amendment D, was due to appear on the 2024 ballot before the Utah Supreme Court voided it — angering Republican leaders on Utah's Capitol Hill.
The proposed constitutional amendment spiraled out of the legal battles over Proposition 4, which established an independent redistricting process to draw political boundaries for Congress, legislature and school board seats. The League of Women Voters of Utah and Mormon Women for Ethical Government's lawsuit that led to a new congressional map is still before the Utah Supreme Court. Earlier this year, the legislature passed a bill expanding the court. They also passed a bill establishing a new "constitutional court" that would hear challenges to laws the legislature passes (which is the subject of its own litigation).
"The voters of Utah have always honored the legislature's role in redistricting. The only restriction is that they act fairly, as the citizen initiative Prop. 4 required. We are confident that our case is solid and look forward to representing the voters in court," League President Katharine Biele told FOX 13 News in a statement Wednesday.
Lawmakers may be wanting clarity from the courts, but some have also seen blowback from voters. Most notably, Sen. Adams, lost a Republican primary race where development of data centers was a campaign issue.
"We have a right to use the ballot initiative and it’s very popular among Utahns. I’m assuming that’s one of the reasons why the legislature isn’t pursuing it this year, We saw their failed attempt to repeal Prop. 4, we saw members of the legislature get voted out for disrespecting the will of the people. So there are real consequences to these actions," said Elizabeth Rasmussen, the head of Better Boundaries, which sponsored Prop. 4 and was gearing up to oppose the constitutional amendment.
Rasmussen said Better Boundaries would now shift to fighting another constitutional amendment going before voters. It would establish a 60% threshold of passage if a citizen ballot initiative raises taxes. But Rasmussen said she expected the legislature to return with another attempt to assert their power over citizen initiatives.
"We’re not naive, we know they’re exploring other avenues to get the same result," she said. "We’ll be prepared to address those."
