Special Session: Utah Legislature votes to send constitutional amendment to Nov. ballot for voters

SALT LAKE CITY ( ABC4 ) — The Utah Legislature met in a special session on Wednesday, Aug. 21, to discuss a proposal to amend the Utah Constitution — and both the Senate and the House of Representatives voted to pass the resolution.

However, the passage of Senate Joint Resolution 401 was not unanimous. Utah Senators passed the bill with 20 votes in favor, eight votes opposing, and one absentee. After that, the House passed the resolution with 54 yeas and 21 nays. That amendment is now headed to the Nov. 5 ballot for voters to approve.

While the special session followed the Utah Supreme Court’s decision on a lawsuit regarding gerrymandering , Floor Sponsor Rep. Jordan Teuscher said, “This constitutional amendment has nothing to do with redistricting.”

“We know that law is a living, breathing thing,” bill sponsor Sen. Kirk Cullimore said in the special session.

According to Cullimore, the resolution would have three main purposes:

• To clarify and codify the opinion of the Supreme Court.
• To maintain the appropriate flexibility and ensure laws are adaptable.
• To protect Utah from outside influence and make sure the laws are made “by Utahns for Utahns.”

Cullimore also explained that, if passed, the resolution would be able to affect past initiatives.

At the conclusion of the session, the Utah House Minority Caucus released a statement, saying the amendment would give the Legislature “unprecedented power to amend, enact, or repeal laws established by citizen initiatives or referendums.”

On the other hand, bill sponsor Cullimore said the bill would “protect the integrity of the initiative process.”

Those who supported the bill also argued that its passage would encourage more powers for voters and would not do away with the initiative process. Several supporters said they don’t “want to turn Utah into California.”

The statement from House Democrats argued Republicans were “stripping away [voters’] power to reform government” and that the amendment was “a blatant attempt to silence Utah voters.”

Those who opposed the bill — in both the Senate and the House — also sought explanations and definitions from the sponsors explaining some of the language in the bill, specifically the phrasing of “foreign individuals.”

Teuscher explained that “foreign” should be understood as meaning from outside the United States. He also said the wording would be further discussed and clarified in the General Session.

“Utah’s constitution places the power to reform government in the hands of the people, but with this proposed amendment, the Republican supermajority is trying to take that power away—a betrayal of the trust Utahns place in their democracy,” House Democrats said.

After its passage, the bill will go to the desk of Utah Gov. Spencer Cox for his signature or veto. Should he pass the bill, the proposal will appear on the ballot in November.

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