Eleanor Finch
Constitutional Amendment D, also known as Utah's Amendment D, is a proposed amendment to the Utah State Constitution. It was added to the ballot by the Utah Legislature in 2024, less than two months before Election Day. The amendment seeks to address partisan gerrymandering, or the practice of drawing political boundaries to maximize party advantage. The U.S. Supreme Court has declared that partisan gerrymandering is incompatible with democratic principles, but has also ruled that federal courts do not have jurisdiction over such claims, leaving the matter to individual states.
| Characteristics | Values |
|---|---|
| Location | Utah |
| Type | Constitutional Amendment |
| Purpose | To prevent partisan gerrymandering |
| Status | Ruled void by Utah Supreme Court |
| Ballot Status | Appeared on ballot but votes not counted |
Explore related products
What You'll Learn
Utah's Amendment D
The amendment was introduced as Senate Joint Resolution 401 on August 20, 2024, and passed the Senate by a vote of 20-8 the following day. The ballot summary, written by Senate President Stuart Adams and Speaker of the House Mike Schulz, stated that Amendment D would strengthen and clarify the ballot initiative process. However, critics argued that the language used to summarize the amendment was deceptive, misleading, and inaccurate, violating the Utah Constitution. They asserted that the amendment would weaken the power of voters, giving more power to politicians and hindering the fight for fair maps in the state.
On September 12, 2024, 3rd Judicial District Court Judge Dianna Gibson ruled that the measure was unconstitutional due to inaccurate ballot language and the state officials' failure to meet publication requirements. The Utah State Legislature appealed the ruling, but on September 25, 2024, the Utah Supreme Court upheld the lower court's ruling, voiding Amendment D. Despite this, Amendment D remained on the ballots for the election, but any votes cast for or against it would not be counted.
Vaping's Constitutional Tie: Understanding Amendment 9
You may want to see also
Partisan gerrymandering
Utah's Amendment D concerns the issue of partisan gerrymandering, which has been a growing movement across the country over the past decade. Partisan gerrymandering refers to the practice of drawing political boundaries to maximize party advantage, which has resulted in communities being divided in illogical ways that silence their voices. Instead of following established boundaries such as county lines or "communities of interest", gerrymandering creates strategically drawn election districts that hinder citizens' ability to achieve fair representation. The U.S. Supreme Court has declared that partisan gerrymandering is "incompatible with democratic principles", yet in 2019, it also held that federal courts have no jurisdiction over such claims, leaving the matter to the states.
In the case of Utah, specifically in Salt Lake, the impact of partisan gerrymandering has been significant. The state's legislative body hastily pushed a proposed amendment onto the ballot, causing concern among ethical government watchdogs. The amendment will appear on the ballot due to printing procedures, even if the lower court's decision is upheld and Amendment D is deemed void. Utahns are warned about "ballot candy", a tactic that pairs a popular idea with a more controversial one to sway voters. While the proposed constitutional amendment includes a prohibition on foreign influence, this issue has never arisen in Utah and is unrelated to the primary purpose of overturning the Supreme Court's decision on ballot initiatives.
The Utah Supreme Court heard an appeal on September 25, ultimately upholding the lower court's ruling that Amendment D is void due to inaccurate language in the ballot summary. This decision highlights the importance of ensuring that ballot measures accurately reflect the proposed constitutional amendments.
The issue of partisan gerrymandering extends beyond Utah, impacting other states and communities across the nation. It remains a contentious issue, with ongoing debates and legal challenges seeking to address the practice and restore fair representation for all citizens.
The States' Reserved Powers: Which Constitutional Amendment?
You may want to see also
Ballot candy
In the context of Utah's Amendment D, ballot candy refers to the inclusion of a prohibition on foreign influence in initiatives and referendums, which is a popular idea. This is paired with a more controversial proposal to overturn the Supreme Court's decision on ballot initiatives, which would give lawmakers the power to repeal or amend any citizen-led ballot initiative. The Utah Supreme Court ruled that Amendment D would have misled voters and did not comply with the constitutional requirement to publish the text of the amendment in newspapers two months before the election. Despite this, Amendment D will still appear on ballots due to printing deadlines, but votes for or against it will not be counted.
Similarly, in Missouri, the GOP-backed proposal to change the initiative petition process included a provision stating that only citizens can vote, which is already established in the state constitution. Democrats criticized this as a cynical ploy to exploit anti-immigrant sentiment and trick voters into accepting an unpopular idea.
The use of ballot candy as a political strategy can be controversial and may be seen as a manipulative tactic to exploit certain sentiments or mislead voters. It is important for voters to be aware of this practice and carefully consider all aspects of a ballot measure before casting their votes.
Missouri Amendment 1: Who's in Favor?
You may want to see also
Explore related products
Supreme Court ruling
Utah's Constitutional Amendment D addresses the issue of partisan gerrymandering, which refers to the practice of drawing political boundaries to maximize a particular party's advantage. The amendment intends to prevent communities from being divided in illogical ways that dilute their voting power and hinder fair representation. The U.S. Supreme Court has acknowledged that partisan gerrymandering contradicts democratic principles. However, in 2019, the Court ruled that federal courts lack jurisdiction over such claims, leaving the matter to individual states.
In the case of Utah, specifically in Salt Lake, the absence of federal oversight has resulted in the strategic drawing of election districts that undermine citizens' voting rights. As a consequence, Amendment D was proposed to address this issue and ensure fairer political representation for Utahns.
The Utah Supreme Court, however, unanimously upheld a lower court's ruling on September 25, declaring Amendment D void. The justices found that the language of Amendment D did not accurately reflect the proposed constitutional amendment. Despite this ruling, the amendment will still appear on the ballot due to printing, but any votes for or against it will not be counted.
This ruling highlights the ongoing legal complexities surrounding partisan gerrymandering and the efforts of states like Utah to address this issue through constitutional amendments. It underscores the importance of precise language in ballot measures and the potential impact of "ballot candy," where a controversial proposal is paired with a popular one to influence voters.
The Powers Not Delegated Amendment
You may want to see also
Foreign influence on initiatives
Utah's Constitutional Amendment D, proposed by the Utah Legislature, includes a prohibition on foreign influence in initiatives and referendums. This amendment intends to address the issue of partisan gerrymandering, where political boundaries are drawn to favour a particular party. The practice undermines democratic principles by silencing the voices of certain communities and hindering their fair representation. While the U.S. Supreme Court has acknowledged the incompatibility of partisan gerrymandering with democratic values, it has also ruled that federal courts hold no jurisdiction over such claims, leaving the matter to individual states.
The inclusion of foreign influence prohibition in Amendment D is notable, despite no recorded instances of foreign influence in Utah's initiatives or referendums. This addition is unrelated to the primary purpose of overturning the Supreme Court's decision on ballot initiatives. Critics argue that this "ballot candy"—pairing a popular idea with a controversial one—is a tactic to sway voters. Despite the Utah Supreme Court ruling Amendment D as void, it will still appear on the ballot due to printing procedures. However, any votes for or against the amendment will not be counted.
The Utah Supreme Court's unanimous decision on September 25, 2024, upheld the lower court's ruling, stating that the language of Amendment D inaccurately described the proposed constitutional amendment. This ruling reinforces the importance of transparent and accurate ballot summaries in the electoral process. The decision highlights the role of the courts in safeguarding the integrity of elections and ensuring that voters receive clear and truthful information about the amendments they are asked to vote on.
The controversy surrounding Amendment D underscores the delicate balance between legislative proposals and the rights of citizens to fair representation. While addressing partisan gerrymandering is crucial, the proposed amendment's potential impact on Utah's electoral landscape has sparked debate. The inclusion of the foreign influence prohibition, though seemingly unrelated to the core issue, adds another layer of complexity to the discussion. Ultimately, the fate of Amendment D will be decided by Utah voters, highlighting the interplay between legislative initiatives and the democratic process.
Texas Constitution Amendments: Who's in Charge?
You may want to see also
Frequently asked questions
Constitutional Amendment D is a proposed amendment to the Utah state constitution that would prohibit foreign influence on initiatives and referendums.
The amendment was rushed onto the ballot by the Utah Legislature, and the language of the amendment does not accurately describe the proposed changes to the constitution. There are also concerns that it is an example of "ballot candy", where a popular idea is paired with a more controversial one to win over voters.
The Utah Supreme Court unanimously upheld the lower court's ruling that Amendment D is void. However, the amendment will still appear on the ballot, but votes for or against it won't be counted.
The primary purpose of Constitutional Amendment D is to overturn the Supreme Court's decision on ballot initiatives, rather than to address foreign influence, which has never been an issue in Utah.
