SALT LAKE CITY — Meeting in special session on Monday, both chambers of the Utah State Legislature passed a new state congressional map following a court's demand.
Below is a copy of Map C -
FOX 13 News has a live blog of the day's events here:
4:41 p.m.
The plaintiffs in the lawsuit have filed their proposed maps with the court. Here they are:
"It is nonpartisan, it is based on all of the criteria of Prop 4," Katharine Biele, the president of the League of Women Voters of Utah and a plaintiff in the lawsuit, told FOX 13 News.
She said the legislature's actions today will likely result in another trip to court.
Malcolm and Victoria Reid, two of the plaintiffs in the lawsuit, said they were disappointed with the special session.
"I'm disappointed but not surprised with the outcome today. The legislators knew what voters were asking four with Prop. 4, which is fair maps," Malcolm Reid told FOX 13 News.
Added Victoria: "I feel like the legislature just isn’t willing to take responsibility for the problem they’ve caused."
4:21 p.m.
Rep. Doug Owens, D-Millcreek, one of two Democrats on the redistricting committee, acknowledges the map he and Senate Minority Leader Luz Escamilla, D-Salt Lake City, proposed had its own issues but he argues in the larger sense of Prop. 4, it would have complied. They opted not to try to move it in the special session.
Did their map pass the three tests?
Sen. Escamilla argues there are other tests that can be applied. Not all of them apply correctly to Utah, she adds.
"We are pretty concerned about Sen. Brammer's bill that altered Prop. 4," Sen. Escamilla says.
Reacting to the potential of pursuing impeachment against Judge Gibson, Rep. Owens called it "a very sad encroachment on the separation of powers."
Sen. Escamilla agrees with the majority that the timeline wasn't ideal.
Is this map still a better scenario than the congressional map we had?
"They're all designed to disadvantage one party," Rep. Owens says.
4:03 p.m.
Governor Spencer Cox has signed Sen. Brady Brammer's bill on redistricting policy.
3:59 p.m.
At a news conference following the legislature's special session on redistricting, lawmakers appear glad it's over.
"At least from the Senate side, nobody's happy with the maps," Senate President J. Stuart Adams, R-Layton, quips.
House Majority Whip Candice Pierucci, R-Herriman, says they did their best to comply with the court rulings.
Sen. Brady Brammer, R-Highland, says he anticipates future legal challenges over his bill. He insists the Court did say the legislature is free to make clarifications.
President Adams insists the constitution gives the authority to the legislature for the maps.
"We are elected — I know it's hard for people to remember — we are elected," he tells reporters.
Rep. Pierucci says they incorporated multiple tests in the final bill.
What happens if the judge says no to the map the legislature passed?
"If the judge doesn't see it that way, I think the only option would be to give that back to the legislature and point out a specific point or points," Sen. Sandall says.
Can she accept the plaintiffs maps?
"I don't think she can," House Speaker Mike Schultz, R-Hooper, says.
Are articles of impeachment possible against Judge Gibson?
Sen. Brammer says that would be up for debate. Speaker Schultz says "the legislature will do all we can to protect the power given to us by the Constitution... nowhere does it allow for a judge to pick a map." He repeats it's "an un-elected judge."
Would he seek articles of impeachment? Speaker Schultz says he's not going to get into what the House does or does not do.
Speaker Schultz calls the process "extremely frustrating for the legislature." He doesn't like the timeline the judge imposed, given how long she took to issue a ruling. He points out the original redistricting process took months and had public comment from all over the state.
"The Democrats, had one outcome. It was clear," he says, adding that registered Democrats are only 14% of registered voters in the state.
Speaker Schultz vows they will continue to "push back and fight."
"The voice was taken away from their elected officials through a court," he says. "That should concern everybody."
3:13 p.m.
Rep. Pierucci pushes back on Democrats noting their proposed map had significant city and county splits, but also partisan problems.
Map C passes 56-17. Off to Governor Spencer Cox.
3:10 p.m.
"If you read Prop. 4, nowhere does it say competitiveness," Rep. Pierucci repeats.
House Minority Whip Jennifer Dailey-Provost, D-Salt Lake City, says she opposes the bill. Rep. Dailey-Provost raises issues with the tests but says "the reality is when you've got garbage in, you've got garbage out." She does not believe the map meets the stated law and intent of Prop. 4.
Rep. Thurston says he preferred a different map, but he will support Map C. He questions how anyone could assert Map C isn't competitive district unless they used partisan data.
Rep. Walt Brooks, R-St. George, says "we followed Prop. 4 to the T." He says Map C does represent Utah better on the national level. He says southern Utah cannot be one district because it would be at least six hours to drive from St. George to Monticello (because they have to go around Lake Powell).
No more debate.
3:02 p.m.
Rep. Owens repeats that he does not believe it's a fair map.
Rep. Gricius says Map C does fall within the Prop. 4 standards. She notes Salt Lake City is kept together and this reduces splits.
"The biggest issue we've heard from the public is these communities of interest and we've kept those together," she says.
Rep. Gricius insists they can't be gerrymandering as the committee was not allowed to consider partisan data. She is happy to see military installations kept together and rural/urban areas in districts.
2:52 p.m.
Senate Bill 1012 has now been called up in the House.
House Majority Whip Candice Pierucci, R-Herriman, presents Map C. It has been handed out to all members of the House.
"We are here pursuant to a court order. I just want to make sure it's clear we fully intend to appeal to the Utah Supreme Court and, if it's necessary, the U.S. Supreme Court," she says.
She is repeating a lot of the talking points her co-sponsor, Sen. Sandall, made in the Senate debate.
"We have to split up Salt Lake County based off math," she says, pointing out that there's no way to avoid it in the redistricting process.
2:34 p.m.
Sen. Don Ipson, R-St. George, says he will support Map C.
Sen. Lincoln Fillmore, R-South Jordan, says as a member of the Redistricting Committee, they were admonished against considering any partisan political data.
"Even today I have no idea what the partisan impacts of this map will be," he says, insisting Map C "checks all those boxes" of Prop. 4.
Sen. Dan McCay, R-Riverton, says he believes the court-ordered process is "a farce and it's a joke." He complains they've had such a short timeline when the judge has had eight or nine months to make a decision. He criticizes the ruling as having spelling errors, date errors and it's "a lack of respect for the people and a lack of respect for the process."
Sen. McCay says he will vote against the map in protest of the court-orders. He says it's been "disrespect that we've been handed in this process."
No further debate.
Sen. Sandall sums, saying Prop. 4 has been followed "to the best extent practical."
Sen. Heidi Balderee, R-Saratoga Springs, says she still has concerns about the mandated court process and the lack of time for the public to be heard. She votes no on the map.
Sen. Nate Blouin, D-Millcreek, says he won't support Map C because he doesn't think it's a coincidence that the map is favored by one party.
"I'm going to rule you're out of order," President Adams says, cutting him off under their rules not to consider partisan bias.
"That concludes my point, we saw a campaign by the GOP," Sen. Blouin says.
"Tell us how you vote?" President Adams asks.
"I vote no," Sen. Blouin replies.
Sen. Thatcher, FWD-West Valley City, says he voted against the 2021 map because he didn't like the process.
"I actually think this process has been worse," he says. "I do not believe we are here because of judicial activism. I believe there are necessarily three branches of government and they are supposed to check each other... I think we are here because of our own actions."
He votes no on the map.
Sen. Vickers says he greatly respects the right of citizen initiative, the rights of the legislature to do their job and the courts. He says he may disagree with the ruling, but respects what they all do.
"If I was to choose? I probably would have chose another," he says. He votes aye anyway.
SB1012 PASSES the Senate 18-9 with some Republicans joining Democrats and the Forward Party member in voting against it.
2:12 p.m.
Sen. Sandall reiterates the map complies with Prop. 4, but also factors in legislative priorities like rural/ruban mix, military and federal lands in each district.
President Adams reiterates they will appeal, but they will comply with the court's order.
"Prop. 4 is clear, the legislature cannot consider partisan political data or information when redistricting," he says, adding they can't consider voting records, political party affiliation or other partisan data.
Sen. Vickers asks if the appeal is rejected, does Map C become the law until the next redistricting? Yes, Sen. Sandall replies.
Sen. Weiler says his constituents would prefer to see Davis County stay together. He does support Map C but "we are here because the rules were changed on us."
Sen. Escamilla says Map C has a lot of concerns and she will not support it. She disagrees with the test that is utilized to create it.
Sen. Stephanie Pitcher, D-Salt Lake City, says her constituents are split into three different districts under the 2021 map. The new map "does very little to solve that." She says Millcreek remains split into two districts and her constituency remains one of the most significantly impacted (she represents a big part of Millcreek).
Sen. Cal Musselman, R-West Haven, says he supports Map C. Comparing the maps, he says it's nearly impossible to create one where some political subdivisions won't be split in order to equalize the population.
1:57 p.m.
Senate Bill 1012 is called up for debate.
"This is not the way we want to be doing this. We are here pursuant to a court order," Sen. Sandall says, adding that appeals are still pending.
He tells the Senate that they cannot take public feedback and make changes to the maps under the court order. He also explains again that they cannot use the independent redistricting commission's maps as those were struck down by the judge.
"We are stuck with the process and timeline the court has ordered," he says.
He says they will keep the 2021 map in code, but add the new map. If the legislature's appeals are successful? They revert back to the 2021 map, he says.
The map approved by the committee today "meets all of the criteria of Prop. 4," Sen. Sandall says. Only three municipalities, Millcreek, North Salt Lake and Pleasant Grove are split. So are Salt Lake, Utah and Davis counties.
1:47 p.m.
With all the non-redistricting bills dealt with, there is only one bill left in the special session. The debate over "Map C."
1:36 p.m.
The Great Salt Lake berm bill, which helps Utah's Division of Forestry, Fire & State Lands manage the salinity of the lake in emergency situations, passed the legislature unanimously.
12:54 p.m.
After a break for lunch, lawmakers are back in special session and passing non-redistricting bills. The Great Salt Lake berm bill passed the House unanimously and heads to the Senate.
11:27 a.m.
Rep. Melissa Garff Ballard, R-North Salt Lake, says you don't want legislation passed that is unchangeable. She acknowledges the people can pass initiatives, but the legislature also has the power to make changes.
"The fundamental question is does the Utah legislature have the authority and the duty in the Utah constitution to make and change laws? And I say absolutely yes," she says.
Rep. Nelson Abbott, R-Orem, introduces a substitute to strike the "mean/median test," arguing it is "not scientifically valid." He proposes keeping the ensemble test and the partisan bias test. Rep. Norm Thurston, R-Provo, who is the House sponsor of the bill, says he will oppose it.
Rep. Pierucci also speaks against the substitute, arguing it can also bolster their legal arguments about Prop. 4.
Rep. Abbott's substitute FAILS in a voice vote on the House floor.
The bill tweaking the redistricting process PASSES the legislature 55-18 with some Republicans joining Democrats in opposing it.
11:16 a.m.
"It's an amendment to Prop. 4," Rep. Owens says, announcing his opposition to the bill on the redistricting test.
He warns that if the bill is passed, "we're headed to another confrontation with the courts." He urges the House to "tread lightly."
Meanwhile, the bill to make "Map C" the next congressional districts of Utah, is now public. Here it is.
11:03 a.m.
The House is now taking up the redistricting test bill.
The Senate, along party lines, has just passed a bill that allows the governor to pick the Chief Justice of the Utah Supreme Court. It was a bill that was previously vetoed by Gov. Cox, but has been negotiated and revised.
10:53 a.m.
The Senate is now considering a recodification bill.
10:44 a.m.
Sen. Kathleen Riebe, D-Cottonwood Heights, points out "we don't have to do this."
Sen. Brammer says it's a question of discretion, but "it is our discretion to do it one way or the other." He says they can clarify the general, nonspecific language of Prop. 4.
Sen. Nate Blouin, D-Millcreek, says the tests "picks winners and losers."
The bill passes along party lines, 22-7 (the Democrats and Forward Party members voting against).
10:39 a.m.
Senate President J. Stuart Adams, R-Layton, gives a warning mid-debate to senators to not "impugn" the body.
Sen. Brammer says the courts have found that the legislature can alter or modify a citizen initiative. Sen. Keven Stratton, R-Orem, suggests the legislature has "exercised restraint" in this.
Sen. Evan Vickers, R-Cedar City, says his constituents have contacted him with legitimate questions about the bill. When he saw the original bill, he did have concerns. He asks his constituents what they want? They want a "fair process" and he says "define fair."
"The big elephant in the room is how competitive is it?" he says, adding that they can't really address that.
10:27 a.m.
Sen. Jen Plumb, D-Salt Lake City, says she has a concern about codifying the use of any specific test in redistricting.
Sen. Mike McKell, R-Spanish Fork, says he supports the bill. He points out they have included the exact tests Democrats wanted and "now I'm hearing today those tests aren't good enough."
"I think these are good tests," he says.
Sen. Todd Weiler, R-Woods Cross, says he's been getting a lot of texts and emails from constituents about the bill. He says there's a lot of confusion and misunderstanding about it.
"In 2025, if someone doesn't like a map they call it 'gerrymandering' and if someone doesn't like a bill, they call it 'unconstitutional,'" he says.
Sen. Weiler says the judge says the legislature does retain discretion to determine the methods of redistricting. He will vote aye on the bill.
Sen. Sandall says there's been concern about whether they should codify tests and "that, to me, seems perfectly appropriate." He notes any future legislature could identify different tests and put them in or do away with it.
"In this particular time frame, with the judicial ruling that's hanging over our heard, we must participate in identifying the tests," he says.
Sen. Lincoln Fillmore, R-South Jordan, says he thinks having three tests is appropriate.
10:14 a.m.
Sen. Brammer is presenting his bill on redistricting standards. He points to the court's ruling and argues that his bill provides three tests: partisan bias, ensemble analysis and the means (all proposed by Democrats, he notes).
Senate Minority Leader Luz Escamilla, D-Salt Lake City, says that is correct. However, she issues a warning to her colleagues on the Senate floor.
"Altering Prop. 4 will be in violation of Prop. 4.," she says. "By codifying any type of test, it's in violation of Prop. 4."
The problem with a partisan bias test, Sen. Escamilla says, is that it doesn't work in a lopsided state like Utah (where Republicans are a majority versus a 50/50 split).
10:07 a.m.
The governor has been notified, and the special session is underway! The redistricting bill by Sen. Brady Brammer, R-Highland, will start in the Senate. So will Map C, the proposed map put forward by the Republican majority of the Redistricting Committee.
9:46 a.m.
After a delay so the House Majority could caucus, the special session is getting underway.
Watch: Utah Legislature full meeting on redistricting
8:51 a.m.
"None of the five maps that were proposed by the majority show a competitive district and, in fact, Map C is the least competitive," Rep. Doug Owens, D-Millcreek, told reporters after the hearing.
House Co-Chair Candice Pierucci, R-Herriman, said she believes the map does comply with Prop. 4 and the judge's ruling. She insisted she did not read the email blast from the Utah Republican Party urging support for Map C.
"We can't control what happens in public comment but I have not read that email," she told reporters. "Just like you had the Duchesne Democratic Party join one of our committee hearings, they're entitled to share their opinion."
Sen. Sandall said Map C complies with Prop. 4.
"When you apply legislative priorities around urban/rural split, around possibly spreading as much military and federal lands among districts, Map C tended to rise to the top," he said.
8:24 a.m.
Sen. Don Ipson, R-St. George, makes a motion to advance "Map C" favored by the Utah Republican Party, to it. Rep. Stephanie Gricius, R-Eagle Mountain, says she likes the distribution of military installations and it "maximizes our representation."
No further discussion.
The map passes with the two Democrats on the panel dissenting.
8:17 a.m.
"We have received and reviewed thousands of comments," Senate Co-Chair Scott Sandall, R-Tremonton, says at the beginning of the hearing.
He adds that they have reviewed all of the comments (except the ones that didn't deal with partisan data, which the committee is not allowed to consider). Sen. Sandall reminds everyone that they could not consider the Independent Redistricting Committee maps as the law was thrown out by the judge. He also insists it is impossible to avoid splitting Salt Lake County.
He says rural/urban split is a "legislative priority" and not part of Prop. 4.
8:06 a.m.
The room is filling up with lawmakers and members of the public. The plaintiffs, including the League of Women Voters of Utah, and advocacy groups like Better Boundaries (which sponsored Prop. 4) and Alliance for a Better Utah, the Utah Eagle Forum, the Sutherland Institute and Stewardship Utah, are in the room.
7:55 a.m.
A little background: In 2018, voters approved Proposition 4, which created an independent redistricting commission to draw maps for Congress, the legislature, and the state school board. The legislature overrode it with a "compromise" bill and passed its own maps. That prompted the League of Women Voters of Utah and Mormon Women for Ethical Government to sue, arguing that the legislature improperly overrode Prop. 4 (and the citizens' right to alter or reform government). The plaintiffs also alleged the congressional map was a partisan gerrymander to favor Republicans.
The legislature argued that it had the sole constitutional power to set redistricting boundaries. A judge sided with the League and MWEG and ordered a new map in place by Nov. 10. The Utah Supreme Court refused to hear the legislature's request for a stay (and previously they'd sided with the League and MWEG on parts of its lawsuit).
That brings us to redistricting and the maps in place today. Even President Trump has weighed in on redistricting in Utah.
In addition to choosing a map, the legislature will also consider a controversial bill tweaking redistricting. Sen. Brady Brammer modified the bill on Friday to not just include a single test, which had been the most objectionable aspect of it. However, voter rights groups rallied over the weekend to have it killed entirely.
Once a map is chosen by the redistricting committee, it goes to the full special session. Once it passes there and is signed by Governor Spencer Cox? It goes back to 3rd District Court Judge Dianna Gibson for her approval. If she rejects it? The plaintiffs will have submitted their own map for consideration.
