Utah Lawmakers Seek Power to Change Passed Ballot Measures

In a recent session held under emergency powers, the Utah Legislature proposed an amendment that, if approved by voters this fall, would grant lawmakers the constitutional authority to significantly alter or repeal voter-approved ballot measures. Critics argue that this move undermines the democratic process, suggesting it reflects a paternalistic attitude towards voters. Proponents, including State Sen. Kirk Cullimore, contend that recent court rulings have elevated ballot initiatives to a status that limits legislative flexibility, effectively creating “super laws.” The backdrop to this proposal includes a contentious history surrounding redistricting in Utah. In 2018, voters established an independent commission to redraw voting districts, aiming to eliminate partisan gerrymandering. However, the Legislature has faced legal challenges for disregarding the commission's recommendations, leading to a congressional map that has favored Republican candidates. A recent ruling by the state Supreme Court sided with plaintiffs who argued that the Legislature overstepped its authority by altering the anti-gerrymandering initiative. This situation in Utah mirrors similar efforts in other states, where lawmakers have sought to amend or repeal voter-approved measures. For instance, Missouri voters approved a redistricting process in 2018, only to see lawmakers propose changes that were later accepted by voters. In Arizona, a proposal to allow legislative amendments to voter measures based on constitutionality was rejected by voters in 2022, highlighting the contentious nature of these legislative maneuvers across the country.