Better Boundaries launches campaign against constitutional amendment

Better Boundaries kicked off its campaign to encourage Utahns to vote no on a constitutional amendment saying lawmakers have the power to amend or repeal citizen-led initiatives.

“We have heard from thousands of Utahns from all backgrounds, from all political beliefs united in defeating this power grab by politicians,” said Katie Wright, executive director of Better Boundaries. “Our constitutional rights are sacred and we will not give them away to politicians who think they know better than us.”

The organization, known for its work on the 2018 initiative to establish an independent redistricting commission, held a press conference with other speakers Monday at the Utah Capitol steps. Utahns filled the steps holding up signs that said “Vote No” and “Hey lawmakers, listen to us, We the People” as well as simply “Listen.”

The crowd periodically broke out into chants of “Vote No” as speakers made their cases against the amendment.

Why rally speakers do not support the amendment

“Our state constitution gives the people the right to enact laws directly through the initiative process and it has become clear that when the people exercise this right, the Legislature gets defensive of what they do,” said Ryan Bell, board member of Better Boundaries.

Bell said the Utah Legislature showed it was defensive by rejecting the maps from the independent redistricting commission and drawing their own. The Utah Legislature was sued over this and a recent state Supreme Court decision allowed the suit to move forward.

The decision said when it comes to initiatives that alter or reform the government, the Utah Legislature can only make changes by showing they have a compelling government interest. Republican lawmakers have said this creates uncertainty because cases could be made any initiative alters or reforms government, and the legal standard amendments are held does not have hard and fast rules.

“Legislative leadership reacted to this decision with what can only be called a tantrum,” said Bell, citing language from a statement Utah House Speaker Mike Schultz, R-Hooper, and Senate President Stuart Adams, R-Layton, released which called the decision “one of the worst outcomes we’ve ever seen from the Utah Supreme Court.”

“This is the language of politicians who are accustomed to exercising total power while being accountable to no one,” said Bell. He called the amendment “the nuclear option” and said he could not think of anything less conservative than rewriting the constitution to give lawmakers more power and people less.

“The people of Utah do not answer to the Legislature,” said Bell, adding that the people are the ultimate authority.

Emma Petty Adams, co-executive director of Mormon Women for Ethical Government, led off her remarks by saying this issue is not a partisan one.

“The whole American experiment is built on the idea that citizens have a critical role to play in determining the quality of our government,” said Adams. “Today we are here to affirm that Utahns will continue to claim our right to guide and reform that government now and into the future.”

Adams said they believed voting for elected representatives, litigation and initiatives were three ways people can seek “when the balance of power in state government begins to slip.” Melarie Wheat also with Mormon Women for Ethical Government, said the Utah Supreme Court in one of the checks on the Legislature that can balance power.

“But we propose that the voters of Utah should be recognized as another,” said Wheat.

One of a handful of Republican lawmakers who voted against putting the amendment on the ballot, Sen. Daniel Thatcher, R-West Valley City, said this moment is one “of awful consequence to the state of Utah.”

Over the 100 years, citizens have passed seven initiatives, said Thatcher, and the Legislature has made amendments to almost all of them. “Only once have we ever just flat out said, we’re not doing that. Only once have we actually impaired or overturned the legislative rights of the people.”

Rep. Rosemary Lesser, D-Ogden, said the barriers to pass initiatives is intense. She said the Legislature “has thrown a few bones” such as increasing the number of days citizens have to gather signatures to repeal laws.

“But it doesn’t matter whether we have 60 days or 600 days,” said Lesser. “If at the end of those days, the Legislature says your voice will be ignored.”

Retired Utah Supreme Court Chief Justice Christine Durham said she was concerned about the way legislators have spoke to the press about the impact the amendment would have on the state.

“They suggest frequently that we’ll become California,” said Durham “There is no basis on which this opinion would create California in Utah.” She said she did not think outsiders would bring in lots of money to alter or reform state government.

Durham, who served on the independent redistricting commission, said the group was bipartisan and worked across party lines. She said the Legislature did not have to be accountable as to why they rejected the maps and the commission did have to be accountable.

“It’s become more and more difficult over the years to get any kind of bipartisanship because there’s no need for it, because we have a one-party state,” said Durham.

Why others support the amendment

Schultz and Adams have both told the Deseret News they think the Legislature needs the ability to amend initiatives to allow lawmakers to make good policy.

What we are fighting for is Utahns having control over the process, said Adams. “We’re not trying to take away any of their rights or any of their abilities. The initiative process has not changed at all. We just want to make sure that we keep Utah, Utah.”

“We just want to keep things the way it’s been for the last 130 years in the state of Utah and to show that we’re sincere in that we opened up the back end of that for referenda, making it easier for citizens of the state to hold the legislature accountable,” said Schultz.