After hearing oral arguments on Wednesday, Sept. 25, about the ballot description and publication requirements for Amendment D—the proposed constitutional amendment regarding initiatives and referendums by the people—the Utah Supreme Court upheld a 3rd District Court judge’s declaring the Amendment D void and ordering that any votes cast would not be counted.
The express terms of the Utah Constitution require that proposed amendments to the constitution be published in at least one newspaper in every county of the state, where a newspaper is published, for two months immediately preceding the next general election.
The ballot description must also be, in accordance with previous decisions, “on the ballot in such words and in such form that the voters are not confused thereby.”
The Utah Supreme Court found that the 3rd District Court correctly ruled that the constitutional requirement for publication was not met and that the ballot description lacked clarity to enable voters to express their will.
The 3rd District Court was within its discretion in ordering that votes for Amendment D not be counted, the Supreme Court said.
If approved, the constitutional amendment and companion legislation would apply not only to statewide initiatives and referendums, but also to local municipal and county initiatives and referendums.
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