Leaders in the Utah State Legislature tried to take away the right of voters to shape their government. Utah Justices checked the effort, but the 2025 Legislative Session will bring more attempts to seize power from the people.
This last November, Amendment D appeared on the ballot but votes “for” or “against” it were never counted. The Utah Courts ruled the language on the ballot was deceptive and voided the amendment. How that misleading text ended up on the November ballot and how it could have undermined the will of the people goes back to another ballot in 2018.
Enshrined in the Utah Constitution is the right for Utahns to reform their government through ballot initiatives. “In 2018, they exercised that right to try and get rid of gerrymandering, which plagues our state and makes it so that many voters have no tangible say in their representation,” says Katie Wright of Better Boundaries, an organization that supported 2018’s Proposition 4, which Utah voters passed. Rather than respecting the vote, the Republican majority in the Utah State Legislature repealed the measure, weakened the Independent Redistricting Commission created by the proposition and, instead, drew their own voting district maps.

The League of Women Voters of Utah and partners then sued the legislature, asserting that the legislature’s Congressional maps were illegal. “We believe that every voter should have a voice,” says Katharine Biele, president of the League of Women Voters of Utah. “What the Legislature did diluted other voices. If you divide Salt Lake County into four different Congressional Districts that go down to Southern Utah, you’re not only diluting the voices of urban Utah, but you are diluting the voices of rural Utah.”
While the District Court still has not yet ruled on the redistricting process itself, in August 2024, the Utah Supreme Court did rule that the Legislature violated the state constitution by repealing and replacing a citizen initiative. The unanimous Justice opinion read, “We hold that the people’s right to alter or reform the government through an initiative is constitutionally protected from government infringement, including legislative amendment, repeal, or replacement of the initiative in a manner that impairs the reform enacted by the people.”

press conference on the bill that would become Amendment D. Photo courtesy of Utahreps/Flickr
Legislative leadership responded immediately to the ruling. “We were surprised at their reaction, which I will call hysterical,” says Biele. The Legislature called itself into emergency Special Session (a relatively new power that once was held only by the Governor), and lawmakers passed S.B. 4003, the bill that put Amendment D on the ballot.
Senate President J. Stuart Adams (R-Layton) and House Speaker Mike Schultz (R-Hooper) claimed the amendment “prohibits foreign entities from contributing to ballot propositions,” and that “The initiative process will remain unchanged.” In actuality, Amendment D would amend the constitution to allow the Legislature to repeal and replace voter-backed initiatives, in effect weakening the ability of citizens to shape their own government. “It’s too bad because they [the legislature] need to just calm down and remember who they represent,” says Biele. “They represent the people of Utah.”
The Utah Courts voided the amendment because the language on the ballot neglected to inform voters of what was at stake. (Adams and Schultz drafted the Amendment D ballot language under a 2024 law that took that responsibility once held by the legislative general counsel.) With their power once again checked by the judicial branch, the same lawmakers could try to retaliate during the upcoming 2025 Utah Legislative Session.

“We know that our judiciary is going to be under attack because legislative leadership has been saying that out loud,” says Wright. “Their response has been to degrade our judiciary system. And we think that that’s really dangerous.”
Biele fears legislative leadership will continue to erode the current merit-based system for judiciary appointments. “We actually have a very good system right now,” she says. “Nothing is perfect, but it’s a good system. And then we have a retention election every three to five years for all of the judges.”
Legislative leadership could also try for another amendment like Amendment D. “We expect that we will see bills this legislative session that try to undermine that constitutional right to ballot initiative,” says Wright. “And we’re going to fight really hard against that.”
The League of Women Voters will be physically at the Capitol every day of the session. Citizens can track online the bills introduced on the Hill using the legislative session website and call their representatives and tell them how they want them to vote. Biele implores the public, “Please be educated on what is happening up there.”
Redistricting challenge
The anti-gerrymandering case of the League of Women Voters against the Utah State Legislature is currently in the Third District Court. “The district court will figure out how to redistrict,” says Katharine Biele. The district court could take several different paths, including accepting one of the Congressional District three maps proposed by the Independent Redistricting Commission. Regardless of what the District Court decides, it could be some time before they have a decision. Biele says, “We won’t have new districts one way or the other before 2026.”