Citing deceptive language, Utah judge strikes constitutional amendment restricting citizen initiatives from ballot

Judge Dianna Gibson on Thursday declared constitutional Amendment D — which guarantees the Legislature can repeal citizen-passed ballot initiatives — invalid, citing its deceptive and misleading presentation on the ballot and the Legislature’s failure to publish the text of the amendment, as required by the Utah Constitution.

“Without transparent, accurate and complete disclosure about the amendments, there can be no meaningful right to vote,” Gibson wrote in a 16-page opinion issued Thursday morning, following 90 minutes of oral arguments Wednesday afternoon.

“Amendment D is void and shall be given no effect,” the judge wrote in her conclusion.

Gibson will, however, let ballots be printed with Amendment D included, but votes will not be counted. That gives the state an opportunity to appeal Gibson’s ruling and, if it is overturned, voters could still end up deciding the matter in November.



https://www.sltrib.com/news/politics/2024/09/12/amendment-d-utah-judge-strikes/