Utah Legislature seeks constitutional change to override ballot initiatives

People watch from a packed gallery as the Senate discusses a proposed constitutional amendment related to citizen initiatives during a special legislative session at the Capitol in Salt Lake City on Wednesday, Aug. 21, 2024. Photo: Spenser Heaps for Utah News Dispatch

Special session puts power struggle between voters and lawmakers on November ballot

SALT LAKE CITY, Utah — Utah’s Republican-controlled Legislature has moved to alter the state constitution. In a rare emergency session, lawmakers approved a measure that would give them the ultimate authority over ballot initiatives—effectively challenging the power of Utah voters to enact laws directly. With Park City’s relatively “purple” electorate sometimes at odds with the state’s conservative leadership, this proposed amendment could have significant implications for local voters.

What happened: In an emergency special session on Wednesday, Utah’s GOP-dominated Legislature approved a proposed constitutional amendment for the Nov. 5 ballot. The amendment seeks to clarify that the Legislature holds ultimate authority to repeal or replace laws enacted through ballot initiatives. This move directly responds to a recent Utah Supreme Court ruling that the GOP fears could limit their legislative powers.

Why it matters for you: Voters in Park City could see initiatives that align with local values—such as environmental protection or fair representation—become more vulnerable to legislative override. This change could reduce the impact of local voters’ voices on state-wide issues that directly affect their community.

The 411: The amendment passed with a clear partisan divide—most Republicans supported it, while Democrats and a few Republicans opposed it, citing concerns over a legislative “power grab.” The special session was hastily called after a Utah Supreme Court decision on a redistricting case suggested that certain voter-approved initiatives might be immune from legislative changes. GOP leaders argue that the amendment is necessary to prevent “super laws” that could be difficult to amend or repeal. At the same time, opponents believe the fear is exaggerated, and the move undermines judicial authority.

Next steps: The proposed amendment will now be presented to Utah voters on Nov. 5. Advocacy groups, including those behind the 2018 redistricting initiative, are gearing up to oppose the measure, arguing that it strips power from the electorate.