SALT LAKE CITY — In a new court filing, lawyers for groups suing the state for overriding a citizen ballot initiative on independent redistricting now ask a judge to block Amendment D from going on the ballot.
Republican legislative leaders have fired back, accusing the plaintiffs of trying to keep the issue from voters.
The filing in Salt Lake City's 3rd District Court seeks an injunction to block it over what critics have called "slanted" and "misleading" language for the amendment, which would override a Utah Supreme Court ruling on citizen ballot initiatives.
"Plaintiffs are entitled to a preliminary injunction because the certified ballot language fails to accurately submit the Amendment to the voters. Instead, it seeks through deception to mislead Utah voters into surrendering their constitutional rights," their attorney, David Reymann, wrote.
The amendment is being run by the Utah State Legislature in response to the ruling by the state's top court in July. It declared the legislature essentially overstepped its authority when it overrode a citizen initiative on independent redistricting. The League of Women Voters of Utah, Mormon Women for Ethical Government and others sued over that. The Utah Supreme Court allowed their lawsuit to proceed with its ruling.
But the legislature met in special session last month to advance the amendment. Republican leaders on Utah's Capitol Hill have said that the impact of the Court's ruling is a potential flood of citizen ballot initiatives and the inability to fix problems with any that do pass.
Ballot language for the amendment brought more criticism against the legislature because it focused on provisions that prohibited foreign influence in amendment campaigns and an expansion of signature-gathering time for referendums and initiatives, but glossed over the impact on the Utah Supreme Court's decision on overriding a citizen initiative.
A judge has yet to schedule a hearing on the request.
Opponents of Amendment D said they were supportive of the court filing on Friday.
"Amendment D would do the opposite of what the misleading ballot language claims and would weaken Utahns ability to make their voice heard through the ballot initiative process," said Better Boundaries, which is campaigning against the amendment. "By changing the rules to draft deceptive ballot language for Amendment D, Senate President Adams and House Speaker Schultz now find themselves back in court. We fully support the League of Women Voters Utah and Mormon Women for Ethical Government in their pursuit of integrity."
A spokesperson for the campaign in support of Amendment D declined to comment on the court filing, referring questions to the Utah State Legislature (which is the entity being sued in the original case).
In a joint statement, Senate President J. Stuart Adams, R-Layton, and House Speaker Mike Schultz, R-Hooper, blasted the plaintiffs.
"It’s ironic that the very people who claim to advocate for greater voter engagement are the same ones trying to obstruct Utahns from having the opportunity to vote on this important matter," they said. "The plaintiffs are clearly concerned about leaving it to voters to decide. Before initiatives overwhelm and significantly alter our state, Utahns should have the opportunity to voice their opinions."
Read the court filing here:
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