Justia Election Law Opinion Summaries

The case involves a dispute over the Utah Legislature's repeal and replacement of a citizen initiative known as "Proposition 4," which aimed to reform the state's redistricting process to prevent partisan gerrymandering. Proposition 4, passed by Utah voters in 2018, established an Independent Redistricting Commission and set forth neutral redistricting standards, including a prohibition on partisan gerrymandering. However, before the next redistricting cycle, the Utah Legislature enacted Senate Bill 200 (S.B. 200), which repealed Proposition 4 and replaced it with a new law that did not include the same anti-gerrymandering provisions and weakened the role of the Independent Commission.In the Third Judicial District Court, Salt Lake County, the plaintiffs argued that the Legislature's actions violated the Utah Constitution by nullifying the reforms enacted by the people through Proposition 4. The district court dismissed this claim, holding that the Legislature has the authority to amend or repeal any statute, including those enacted by citizen initiative, without limitation. The plaintiffs appealed this decision.The Utah Supreme Court reviewed the case and focused on two constitutional provisions: the Initiative Provision in article VI, section 1, which grants the people the power to initiate legislation, and the Alter or Reform Clause in article I, section 2, which states that the people have the right to alter or reform their government. The court concluded that these provisions, when read together, limit the Legislature's power to amend or repeal a citizen initiative that reforms the government. The court held that the people’s right to reform the government through an initiative is constitutionally protected from legislative actions that would impair the reform enacted by the people.The Utah Supreme Court reversed the district court's dismissal of Count V, which challenged the Legislature's repeal and replacement of Proposition 4, and remanded the case for further proceedings. The court emphasized that legislative changes to a government-reform initiative must not impair the reform and must be narrowly tailored to advance a compelling government interest if they do. View "League of Women Voters v. Utah State Legislature" on Justia Law

A group of Utah voters, led by Ian Daniel Phillips, sought to initiate state legislation that would impose an age limit on Utah candidates for federal office. The Lieutenant Governor of Utah rejected the group's initiative application, concluding that the proposed law was "patently unconstitutional" under U.S. Term Limits, Inc. v. Thornton, a Supreme Court case that forbids states from enacting laws imposing qualifications on candidates for federal congressional office. The group then sued the Lieutenant Governor, seeking a declaration that the initiative is not patently unconstitutional and could become law if enacted.The district court dismissed the group's complaint, ruling that the proposed initiative is "squarely foreclosed by" Thornton, a decision that the court had no authority to overrule. The group appealed, maintaining that Thornton should be overruled because its prohibition on state-created qualifications for federal officeholders violates the Tenth Amendment of the United States Constitution. However, they acknowledged that the Supreme Court of the State of Utah lacks authority to overturn Thornton and asked the court to affirm the district court’s decision, thereby paving the way for them to petition the United States Supreme Court for review.The Supreme Court of the State of Utah affirmed the district court's ruling. The court held that the group had appellate standing, despite their concession that they cannot prevail at this stage of the appeal. The court also agreed with the district court that the proposed law is patently unconstitutional under Thornton. Therefore, the group did not state a claim upon which relief may be granted. View "Phillips v. Henderson" on Justia Law

The Supreme Court denied a motion for emergency relief and a petition for extraordinary writ in this election dispute, holding that the motion and petition failed to demonstrate that the relief Petitioners sought was timely requested and available.Petitioners filed a motion for emergency relief and an extraordinary writ seeking an order compelling the Lieutenant Governor to remove Joel Ferry's name from the ballot for the November 2022 general election. The Supreme Court denied both the motion and the petition, holding that the documentation accompanying the petition and motion strongly suggested that there would be inadequate time to alter the ballots before the mailing deadline even if the court ruled immediately. View "Utah Democratic Party v. Henderson" on Justia Law

The Supreme Court dismissed in part Plaintiff's appeal from the decision of the district court declining to overturn the results of the election for the office of San Juan County Commissioner, holding that Plaintiff lacked standing to file suit.In 2018, Defendant declared that he would run for the office of San Juan County Commissioner. To prove he was a county resident and therefore eligible to run for county offense, Defendant provided coordinates and satellite images for his San Juan County residence. After Defendant won the election, Plaintiff, who was also running for county commissioner, brought this lawsuit arguing that Defendant did not live at the coordinates he provided with his declaration of candidacy. The district court declined to overturn the results of the election. The Supreme Court affirmed, holding (1) Plaintiff lacked standing to file suit because he failed to allege a sufficiently particularized injury; and (2) the district court properly rejected Defendant's cross-appeal for attorney fees. View "Laws v. Grayeyes" on Justia Law

The Supreme Court reversed the judgment of the district court ruling that it lacked jurisdiction over this challenge to the rejection of a referendum application, holding that the district court erred in its interpretation of Utah Code 20A-7-602.8(4)(a) and its conclusion that it lacked jurisdiction.Appellants, residents and registered voters of Morgan County, filed an application to submit an ordinance approving the development of a ski resort community to a referendum. The county clerk rejected the referendum application. Appellants then filed in the district court a petition challenging the rejection of the proposed referendum. The district court dismissed the challenge for lack of jurisdiction based on its reading of section 20A-7-602.8(4)(a). The Supreme Court reversed, holding (1) sponsors are prohibited from pursuing an extraordinary writ in the Supreme Court under section 602.8(4)(a) when they cannot satisfy the requirements of Utah R. App. P. 19; and (2) Appellants in this case appropriately raised their challenge in the district court. View "Croft v. Morgan County" on Justia Law

In this dispute over a Nibley City ordinance approving a development project on property owned by Return Development LLC the Supreme Court reversed the judgment of the district court finding that a referendum petition opposing the ordinance was sufficient as a matter of law under the Election Code, as modified by Executive Order 2020-14, holding that the district court erred.Several citizens of the City collected signatures in support of a referendum petition, some of which were collected through a process initiated by a document sent to voters by mail, which directed them to an online version of the referendum packet. The Nibley City Recorder rejected the petition on the ground that the signatures collected in response to the mailer were not valid. The district court overruled that decision. The Supreme Court reversed, holding (1) the signatures procured through the mailed document were not valid because they did not meet the requirements of Utah Code 20A-7-604(4); and (2) this statutory requirement was not altered when the governor suspended enforcement of some Election Code provisions in Executive Order 2020-14, which was entered in response to the COVID-19 pandemic. View "Smith v. Return Development LLC" on Justia Law

The Supreme Court answered three questions certified to it by the United States District Court for the District of Utah in this case challenging a civil fine issued under the Political Activities of Public Entities Act, Utah Code 20A-11-1205, answering, inter alia, that a Utah state district court does not have appellate jurisdiction to review the Utah County Board of Commissioners' decision upholding a fine levied under the statute.Further, the Supreme Court answered (1) the term "ballot proposition" as used in Utah Code 10A-11-1205(1) encompasses the entire referendum process, including the period of time before a referendum's sponsors have obtained the requisite number of signatures on the referendum petition; and (2) the term "ballot proposition" as used in section 10A-11-1205(1) includes the signature gathering phase of the referendum process, even if the challenged local government action is later found to be administrative in nature and therefore not subject to a referendum. View "Downs v. Thompson" on Justia Law

The Supreme Court denied the petition for extraordinary writ sought by advocates for a statewide ballot initiative called the Direct Primary Initiative, holding that Petitioners' statutory claims and all but one of the constitutional claims failed on the merit and that Petitioners failed to carry their burden of identifying an undisputed basis for the relief requested.Petitioners - Count My Vote, Inc., Michael O. Leavitt, and Richard McKeown - were advocates for a proposed initiative that would establish a direct primary election path for placement on the general election ballot for persons seeking a political party's nomination for certain elected offices. The lieutenant governor refused to certify the initiative for the November 2018 ballot, finding that Petitioners failed to satisfy the requirements of Utah Code 20A-7-201(2)(a). Petitioners then brought this petition for extraordinary writ on statutory and constitutional grounds. The Supreme Court denied the petition, holding (1) the majority of Petitioners' statutory and constitutional claims failed on the merits; (2) one of the constitutional claims implicates an underlying dispute of material fact on the nature and extent of any burden on the right to pursue an initiative under Utah Const. art. VI, 1; and (3) Petitioners failed to carry their burden of establishing an undisputed basis for the requested relief. View "Count My Vote, Inc. v. Cox" on Justia Law

In answer to three questions certified to it by the federal district court the Supreme Court answered, among other things, that a Utah state district court does not have appellate jurisdiction to review the Utah County Board of Commissioners' decision upholding a fine levied under Utah Code 20A-11-1205.Steven Downs, the Public Information Officer for the City of Orem, was fined for violating the Political Activities of Public Entities Act, specifically, section 20A-11-1205(1)(b), which stated that "a person may not send an email using the email of a public entity...to advocate for or against a ballot proposition." The Board of Commissioners voted to uphold the fine. Downs filed a petition in the federal district court challenging the ruling on several grounds. The federal court reserved ruling on a number of motions until receiving guidance on the three questions certified to the Supreme Court. The Court answered (1) section 20A-11-1205 does not convey appellate jurisdiction on state district courts; (2) the term "ballot proposition" as used in section 20A-11-1205(1) includes the entire referendum process; and (3) a "ballot proposition" as used in section 21A-11-1205(1) includes the entirety of the referendum process even if the challenged local government action is later found to be administrative in nature and therefore not subject to a referendum. View "Downs v. Thompson" on Justia Law

The Supreme Court dismissed this petition for extraordinary relief asserting that the actions of Governor Gary R. Herbert, Lieutenant Governor Spencer J. Cox, and the Utah Legislature in replacing a citizens' initiative approved by Utah voters that legalized medical cannabis and replacing the initiative with H.B. 3001 were unconstitutional, holding that some of Petitioners' arguments failed on the merits and that the remainder of the petition did not comply with Rule 19 of the Utah Rules of Appellate Procedure.The day H.B. 3001 passed, some of the Petitioners filed a referendum application with the Lieutenant Governor that would have allowed H.B. 3001 to be put to a vote of the people. The Lieutenant Governor denied the petition because he determined one of the referendum sponsors did not meet the applicable statutory requirements and because the Utah House of Representatives and the Utah Senate passed the bill by a supermajority, which made the bill referendum-proof. Petitioners subsequently brought this petition. The Supreme Court dismissed the petition, holding (1) the Governor did not effectively veto Provision 2, and the Two-Thirds Provisions of the Utah Constitution and Utah Code applied to the legislation here; and (2) the rest of the petition is dismissed without prejudice for failure to comply with Rule 19. View "Grant v. Governor Gary R. Herbert" on Justia Law