SALT LAKE CITY — A judge has ruled that Amendment D is void, but it will still remain on the ballot.
In an order issued Thursday morning, 3rd District Court Judge Dianna Gibson sided with groups challenging the ballot language as "misleading." However, she allowed the Lt. Governor's Office to go ahead and print ballots to meet deadlines. Any votes cast on Amendment simply would not be counted.
"A voter has a right to know what they are being asked to vote upon. In many instances, the only real knowledge a voter may have on an issue is when the voter enters the polling location and reads the description of the proposed amendment on the ballot. This court cannot say that the Amendment D ballot language fairly and accurately summarizes the proposed constitutional amendments for the average voter," Judge Gibson wrote.
The judge's decision comes after an emergency hearing on Wednesday where she was asked to keep Amendment D off the November ballot by the League of Women Voters of Utah and Mormon Women for Ethical Government.
"I am thrilled," Katharine Biele, the president of the League of Women Voters of Utah told FOX 13 News in an interview Thursday. "Although a little bit unhappy that it’s still going to be on the ballot."
Biele and others are suing the Utah State Legislature over its decision to override Proposition 4, which was itself a citizen ballot initiative on independent redistricting. The original lawsuit over Prop. 4 led to a Utah Supreme Court ruling in July where the state's top court found that lawmakers overstepped their powers when they overrode it. The unanimous ruling by the justices led to the legislature calling itself into special session to run a constitutional amendment.
Lawmakers argued that without an amendment, the Utah Supreme Court's ruling could lead to a flood of citizen ballot initiatives funded by out-of-state interests, making Utah "like California." They also argued the decision by the justices could tie their hands to fix any problems with ones that do pass.
But the amendment language that legislative leaders decided to put before voters didn't focus so much on overriding the Utah Supreme Court's decision, but more on preventing foreign influence in elections and increasing the time to gather signatures for any initiatives or referendums. That became a key focus during Wednesday's hearing when Judge Gibson quizzed a lawyer for the legislature about whether the intent of the bill is really what voters are deciding.
In her ruling Thursday morning, Judge Gibson declared: "Without transparent, accurate and complete disclosure about the amendments, there can be no meaningful right to vote."
Biele said lawmakers have no one to blame but themselves for it.
"This lands squarely on the legislature. They did this to themselves. The judge decided this was a bait and switch, which it was. There was misleading language," Biele said Thursday.
Lt. Governor Deidre Henderson's office took no position on the merits of the case, but pushed the judge for an immediate ruling as ballots must be printed this week to meet election deadlines. They tried to broker a deal suggesting that Amendment D could still be on the ballot but if the courts ruled in favor of an injunction, then those votes simply would not be counted.
In a statement to FOX 13 News, the Lt. Governor thanked the court for the decision.
"We appreciate the court’s prompt attention and serious consideration of this matter. State and county election officials will move forward as ordered," Lt. Gov. Henderson said.
In a statement, Republican legislative leaders said they would appeal to the Utah Supreme Court.
"We are extremely disappointed by the lower court's policymaking action from the bench. It's disheartening that the courts - not the 1.9 million Utah voters - will determine the future policies of our state," Senate President J. Stuart Adams and House Speaker Mike Schultz wrote, adding: "The court's actions have introduced significant uncertainty into the electoral process, raising concerns about the impartiality and timing of judicial interventions. Such interference during an ongoing election undermines public confidence in the integrity of the process. The court is denying the right of the people to vote and should not be exerting undue influence on this election."
Biele told FOX 13 News she is not surprised by the appeal.
"The legislature is just apoplectic. They need to calm down," she said. "They need to start thinking about the voters and what the voters need. They need to believe they are the representatives of the voters and just start over. This is not a good way to run government."
In their own statement, House Minority Leader Angela Romero and Senate Minority Leader Luz Escamilla praised the court's ruling and cautioned their Republican colleagues.
"While the Republican supermajority claims this decision undermines the people’s ability to decide on the amendment, they ignore their own role in distorting the process. Their manipulation of the wording, failure to publish the amendment as required, and withholding critical information, have deliberately obstructed a fair and transparent vote," they wrote. "We urge Utahns to stay informed and engaged as the situation develops. Protecting the integrity of our democracy is essential to ensuring the will of the people is respected. We are committed to defending a system that amplifies, rather than undermines, voters’ voices."
Read the judge's ruling here:
