Utah lawmakers will call themselves into a special session to propose a constitutional amendment overriding portions of the Utah Supreme Court’s ruling that the Legislature cannot upend voters’ efforts to change laws via a ballot initiative, top leaders announced Monday.
The special session is scheduled for Wednesday afternoon while the House minority leader is out of state at the Democratic National Convention.
It comes after justices unanimously decided in July that the Legislature overstepped its authority when it rewrote a 2018 voter-approved ballot initiative establishing an independent redistricting process. The Legislature then drew its own congressional maps that split the most progressive and populous county, Salt Lake County, into four separate congressional districts.
Legislative leaders reacted to the recent ruling with anger, calling it “one of the worst outcomes we have ever seen from the Utah Supreme Court.”
“The Utah Supreme Court’s new interpretation created uncertainty and ambiguity,” said Senate President Stuart Adams and House Speaker Mike Schultz, both Republicans, in a statement Monday announcing the special session. “This amendment provides a path for Utahns to weigh in and make their voices heard. To be clear, the proposed amendment restores the over 100-year-old effect of citizen initiatives. The initiative process will remain unchanged, and Utahns will continue to have the ability to propose and run ballot initiatives.”
Multiple lawmakers told The Salt Lake Tribune that they were polled about the possibility of a special session Monday afternoon without seeing the language of the legislation they would consider. A House spokesperson said bills would be available on Tuesday.
The change in the law, according to the Legislature’s statement, would: “Prohibit foreign entities from contributing to ballot initiatives or referenda;” “Restore and strengthen the long-standing practice that voters, the Legislature, and local bodies may amend or repeal legislation;” and “Add 20 days to collect signatures for the referendum process, extending it from 40 to 60 days.”
Lawmakers are rushing to propose the constitutional amendment this month with the hope they can add it to voters’ ballots in November. A spokesperson for the lieutenant governor’s office said any changes to the ballot need to come in the next two weeks — before Sept. 3.
“While the governor does not play an official role in signing or vetoing constitutional amendments,” a spokesperson for Gov. Spencer Cox told The Tribune, “he is supportive of giving the people an opportunity to resolve this important constitutional issue.”
Republican leadership is organizing the special session while the House of Representatives’ top Democrat — Minority Leader Angela Romero, of Salt Lake City — is in Chicago for the Democratic National Convention. Salt Lake City Democrat Rep. Brian King, who is running for governor, is also in Chicago.
Romero is a national delegate for the Utah Democratic Party, which asked to join the redistricting lawsuit against the Legislature on Friday.
In a post to social media Monday evening, King said he would return to Utah to vote in the special session, adding, “This supermajority attempt to nullify the voice of the people isn’t happening without opposition.”
Romero said she hasn’t yet seen what legislation will be proposed in the special session, but she is likely a “hard no” if it restricts voters’ ability to change the laws that govern them through the initiative process.
“We need to make sure we’re truly representing the voice of the people of Utah,” Romero said, “not just a small group of individuals.”
In a letter sent Friday, 36 Republicans and conservative organizations urged the Legislature to amend the state constitution to reverse the ruling. Among them were Utah Republican Party Chair Rob Axson, 2024 GOP attorney general nominee Derek Brown, Eagle Forum President Gayle Ruzicka and others.
“This ruling represents an existential threat to the values, culture and way of life that define our state,” the letter read. “Utah now faces the risk of becoming like California, where large sums of outside money influence laws that do not reflect the values of our citizens and undermine our cultural integrity.”
The Legislature gained the ability to call itself into a special session through a constitutional amendment approved by voters in 2018. Under that amendment, two-thirds of lawmakers must agree to convene a special session to address a persistent financial crisis, war, natural disaster or other emergency.
Top lawmakers said in their Monday statement that they were using emergency powers “to address pressing concerns and their significant implications.”
“I don’t think that [this is] an emergency,” Cottonwood Heights Democrat Sen. Kathleen Riebe said.
Riebe said she would vote “no” on efforts to “make the referendum process more cumbersome.” She said she has had numerous constituents reach out to her about the issue.
“I try as hard as I can,” Riebe said, “but the supermajority is going to do what the supermajority is going to do.”
This story is breaking and may be updated.