GOP leaders use emergency powers to fight Supreme Court referendum ruling

Utah state lawmakers will convene in a special session to propose a constitutional amendment that would override parts of a Utah Supreme Court ruling that said lawmakers cannot overturn voters’ efforts to change laws by referendum, state leaders announced Monday.

The special session is scheduled for Wednesday afternoon because the House minority leader is out of state at the Democratic National Convention.

This came after judges unanimously ruled in July that the Legislature had exceeded its authority when it rewrote a ballot initiative passed by voters in 2018 to establish independent redistricting. The Legislature then created its own congressional maps that divided the most progressive and populous county, Salt Lake County, into four separate congressional districts.

House leaders reacted angrily to the latest ruling, calling it “one of the worst outcomes the Utah Supreme Court has ever seen.”

“The Utah Supreme Court’s new interpretation has created uncertainty and ambiguity,” Senate President Stuart Adams and Schultz, both Republicans, said Monday in a statement announcing the special session. “This change provides Utahns with an opportunity to voice their opinions and have their voices heard. To be clear, the proposed change restores the 100+ year old impact of citizen initiatives. The initiative process remains unchanged and Utahns will continue to have the opportunity to propose and pass ballot initiatives.”

Several lawmakers told The Salt Lake Tribune they were asked about the possibility of a special session Monday afternoon without knowing the text of the bills they would discuss. A House spokesman said the bills would be available Tuesday.

According to a statement from Parliament, the amendment would: “prohibit foreign companies from participating in electoral initiatives or referendums,” “restore and strengthen the long-standing practice that voters, parliament and local authorities can amend or repeal laws,” and “extend the deadline for collecting signatures for the referendum process by 20 days, increasing it from 40 to 60 days.”

Lawmakers are rushing to propose the constitutional amendment this month in hopes of getting it on voters’ ballots in November. A spokesman for the lieutenant governor’s office said any changes to the ballot must be made within the next two weeks – before Sept. 3.

The Republican leadership is organizing the special session while the leading Democrat in the House – Minority Leader Angela Romero of Salt Lake City – is in Chicago for the Democratic convention. Brian King, a Democratic representative from Salt Lake City and a candidate for governor, is also in Chicago.

Romero is a national delegate for the Utah Democratic Party, which on Friday asked to join the lawsuit against the legislature over redistricting.

Romero said she did not yet know what legislative proposals would be introduced in the special session, but would likely give a “clear no” to restricting voters’ ability to use the initiative process to change laws that affect them.

“We need to make sure we truly represent the voice of the people of Utah,” Romero said, “and not just a small group of individuals.”

In a letter sent Friday, 36 Republicans and conservative organizations called on lawmakers to amend the state constitution to reverse the ruling. They included Utah Republican Party Chairman Rob Axson, Republican candidate for 2024 Attorney General Derek Brown, Eagle Forum President Gayle Ruzicka and others.

“This ruling poses an existential threat to the values, culture and way of life that define our state,” the letter said. “Utah now risks becoming like California, where large sums of foreign money influence laws that do not reflect the values ​​of our citizens and undermine our cultural integrity.”

The Legislature was given the ability to call itself into special session through a constitutional amendment passed by voters in 2018. Under that amendment, two-thirds of lawmakers must agree to call a special session when there is an ongoing financial crisis, war, natural disaster, or other emergency.

“I don’t think this is an emergency,” said Democratic Senator Kathleen Riebe of Cottonwood Heights.

Riebe said she would vote against efforts to “make the referendum process even more cumbersome.” She said numerous voters had approached her with this question.

“I’m doing my best,” Riebe said, “but the supermajority will do what the supermajority will do.”