Utah’s High Court Strikes Down Deceptive Ballot Measure, Stopping Attempt by Extremist Legislators to Limit Direct Democracy
Salt Lake City, UT – In response to the Utah Supreme Court ruling to void Amendment D on this November’s ballot, the Fairness Project’s Executive Director Kelly Hall issued the following statement:
“The court saw Amendment D for what it was: a deceptive power grab by extremist politicians who want to prevent Utah’s voters from deciding key issues in their state,” said Hall.
“Let this be a lesson for others that the constitutional rights of voters to direct democracy in states across the country will not be stripped by legislators who fear the will of their own constituents. We are glad that voter-led ballot measures will continue to be the law of the land in Utah without a legislative veto on the power of the people,” Hall concluded.
Today’s decision to invalidate Amendment D follows the attempt by Utah’s legislature to push the ballot measure forward in a so-called emergency session this August. By calling themselves into session, the legislators relied on a constitutional provision that refers to “persistent fiscal crisis, war, natural disaster, or emergency in the affairs of the state.”
Many voters questioned whether the previous Utah Supreme Court decision protecting voters’ right to use the ballot measure process without undue interference from elected officials was actually an emergency. The measure sought to undermine direct democracy by allowing the legislature to amend and overrule ballot measures after they had been approved by voters.
The Fairness Project led the Utah Decides Healthcare campaign to expand Medicaid in Utah. Proposition 3 was successfully passed, providing health care for more than 150,000 Utahns. Voters approved the measure on November 6, 2018, by a margin of 53%-47%.
The Fairness Project is widely considered the nation’s ballot measure leader, having won more than 30 progressive ballot measures, the overwhelming majority of which were in conservative and right-leaning states. The Fairness Project is one of the largest funders and strategic partners working to protect direct democracy in the country. In recent years, the organization has successfully defended the ballot measure process from attacks in Arkansas, Ohio, and South Dakota.