Ballots await processing at the Davis County Administrative Building in Farmington on Election Day, Tuesday, Nov. 5, 2024. (Photo by Spenser Heaps for Utah News Dispatch)
After being the author of the controversial language of Amendment D last year, Utah House Speaker Mike Schultz, R-Hooper, is pushing to change who gets to write the initiative questions appearing in ballots — however, he and Senate President Stuart Adams, R-Layton, may still have influence on it.
Currently, the task of preparing ballot titles and analysis belongs to the House speaker and the Senate president, a change made by the legislature last year. But, if the Legislature approves HB563, sponsored by Schultz, the job would move back to a more neutral party — legislative attorneys, part of a nonpartisan body. But, they would perform that duty “as counsel for the presiding officers.”
Utah Legislature could explore switching authors of ballot initiatives
The bill was introduced on Wednesday afternoon and is waiting for a committee assignment.
Two Democrats, Senate Minority Leader Angela Romero, D-Salt Lake City, and House Minority Whip Jennifer Dailey-Provost, introduced similar bills this session without that provision. However, none of them ever left the rules committee.
Democratic representatives hadn’t reviewed the bill when it went public on Wednesday, but when Rep. Andrew Stoddard, D-Sandy, was asked about that part of the bill, he said, “anything handing it back to the (Office of Legislative Research and General Counsel) is better than what we have.”
The change comes after the anti-gerrymandering group Better Boundaries filed a successful legal challenge against Amendment D, a constitutional amendment proposition that would have allowed the Legislature to repeal or substantially modify approved ballot initiatives. However, the language printed on ballots didn’t reflect that, detractors said.
The ballot language for Amendment D read:
Should the Utah Constitution be changed to strengthen the initiative process by:
- Prohibiting foreign influence on ballot initiatives and referendums.
- Clarifying the voters and legislative bodies’ ability to amend laws.
If approved, state law would also be changed to:
- Allow Utah citizens 50% more time to gather signatures for a statewide referendum.
- Establish requirements for the legislature to follow the intent of a ballot initiative.
Ultimately, what rendered the question void by the courts was the state’s failure to comply with constitutional publication requirements. But, later, the Utah Supreme Court affirmed the language was misleading.
“Amendment D would alter that balance and give the Legislature unfettered constitutional authority to amend or repeal any initiative, including those that reform the government. But the ballot title does not disclose this fundamental change,” Justice Diana Hagen wrote in the unanimous opinion posted last October.
After that decision was published, Schultz and Adams, expressed regret over the vague language of Amendment D in November, acknowledging mistakes and vowing “to work together to find better ways.”
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