In middle school, I learned about checks and balances — systems designed to prevent any one branch of government from accumulating excessive power. Even at that age, I understood that when an individual or government entity seeks to dominate a process or exert control over others, it poses a threat to the democratic process. In Utah, I believe it is our legislative branch that has that dominance.
In 2018, Utah voters attempted to limit the Legislature’s power when they approved Proposition 4, an initiative that established an Independent Redistricting Commission to oversee the creation of non-partisan voting districts that respected “communities of interest.” In response, the Legislature amended the law to remove key provisions such as ones that prioritized the Commission’s recommendations and required the Legislature to give valid reasons if they rejected them.
Predictably, in 2021, the Utah State Legislature rejected all of the maps submitted by the Independent Redistricting Commission. It then advanced and approved its own maps. The message was clear — the Legislature has ultimate power to change or repeal any voter initiative, leaving voters powerless.
Instead of using his veto power to check the Legislature, Gov. Spencer Cox signed bills that approved the Legislature’s maps. Months later, as reported by the Salt Lake Tribune, Gov. Cox acknowledged that the redistricting process can be frustrating, especially for those who feel they get shortchanged by it, but the Utah Constitution clearly gives state legislators authority over the process.
That assumption was challenged in the courts by the League of Women Voters, Mormon Women for Ethical Government and others. In July 2024, the Utah Supreme Court ruled against the Legislature in a monumental decision that affirmed the constitutional right of Utahns to reform their government through ballot initiatives.
A lower court must still decide whether or not the Legislature honored voter intent. If not, all of the political boundaries approved in 2021 will need review and will likely be redrawn.
It is an understatement to say that this judicial power check has angered the Republican-dominated Legislature, as they were swift to denounce the ruling and criticize their companion judicial branch. Instead of waiting for the lower court to rule, the Legislature approved a constitutional amendment that will be on the November ballot. It seeks to encode the Legislature’s authority to amend or repeal ballot initiatives at will.
It is clear that the Legislature does not respect checks and balances. Why would they? Empowered by a super-majority, they can override a governor’s veto. Unhappy with a ruling from the Utah Supreme Court, they argue that the voters — not the Court — should have the ability to interpret the Constitution. Through a constitutional amendment, they want to solidify their authority, ensuring that they have more power than Utahns who might organize and pass voter-led initiatives.
In November 2021, I listened to hours of testimony as the Legislature voted on their own maps (after rejecting the commission’s maps). The political maps — drawn without a transparent process and designed to protect incumbents and eliminate threats from viable challengers — were unfair. Or at least, the process was unfair.
I was in middle school when I decided that I would run for the Legislature someday. In 2020, I had the closest race in the entire state and lost my legislative bid by 78 votes. One year later, I was “strategically redistricted” — a phrase I often hear in place of gerrymandered — when the governor signed HB2005. I am 1.3 blocks away from my old house district, ensuring that I am unable to challenge the incumbent I ran against in 2020.
But this isn’t about me. This is about power and control, and the Legislature has too much of both. Today the battle is over who can draw political boundaries, but this is just one fight. We are in a fight to protect the constitutionally guaranteed rights of all Utah voters.
All future ballot initiatives are on the line. The underlying legal question is: Do the people of Utah have the right to fundamentally affect their government through political actions such as propositions and initiatives? The Legislature would have us believe that we do not have that right — that this is power reserved only for them: 75 Representatives and 29 Senators. The state Supreme Court disagrees. I also disagree.
The quip I hear is, “If you don’t like it, vote for someone different.” How exactly can Utahns do that when the Legislature is working to ensure that those in power draw maps that keep them in power?
We have a choice in November. Reject their amendment. Tell the Legislature loudly and clearly that Utahns understand the core tenets of the democratic process and that we retain our right to reform our government through ballot initiatives.
In Utah, the Legislature has too much power. Even a middle schooler can see that.
(Wendy Davis) Wendy Davis holds a PhD in political science from the University of Utah and is a former candidate for the Utah House of Representatives.
Wendy Davis holds a PhD in political science from the University of Utah and is a former candidate for the Utah House of Representatives. After losing her race by 78 votes, she wrote a book about her journey to the ballot and her experience as a candidate. She lives in Sandy.
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