- The group trying to repeal Utah's redistricting law asked the state Supreme Court to give them more time.
- Utahns for Representative Government cites stolen signatures and changed requirements as justification.
- The lieutenant governor asked the court to deny the request because initiative rights were not infringed.
Utahns for Representative Government, the group trying to repeal Proposition 4, asked the Utah Supreme Court on Wednesday to push back the signature submission deadline to put the redistricting law back on the November ballot.
The petitioners justified the extension by citing around 300 signatures that had been stolen or destroyed and a notification last week from the Lieutenant Governor’s Office updating the number of required signatures in key districts by nearly 400.
Petitioners, including Utah Republican Party chair Rob Axson and Patriot Grassroots signature gatherers, requested a response by Friday afternoon. The Utah Supreme Court responded on Thursday, saying it would try to meet this deadline.
The group is asking for two or three extra days to gather signatures to make up for stolen signatures, new numbers from the lieutenant governor’s office and some county clerks saying they will be closed on the last day to submit signatures, Sunday, Feb. 15.
Utah Lt. Gov. Deidre Henderson asked the court to deny the request because it was filed too late, it does not fall under the court’s jurisdiction, and because the updated thresholds and alleged violence does not prevent signature gatherers from meeting the deadline.
Violence against signature gatherers
Utahns for Representative Government has mobilized around 1,000 volunteers and 500 paid Patriot Grassroots signature gatherers, who have reported at least 50 instances of harassment, according to the group’s request.
The Deseret News previously confirmed with three police departments multiple instances of signatures being destroyed and stolen, or of signature gatherers facing aggression, including one instance of assault where charges were filed.
Wednesday’s petition includes sworn testimonies from four signature gatherers, and describes numerous other instances where signature gatherers were abused, leading to the destruction or disappearance of around 300 signatures by third parties.
“In my 30 years of experience managing and operating grassroots signature gathering campaigns, this is by far the most hostile environment I have seen,” Patriot Grassroots CEO Chris Turner said.
A pattern of mistreatment of signature gatherers has allegedly led to 50 paid signature gatherers deciding to leave the job, and another 50 deciding not to start work, according to the request.
Update from lieutenant governor
The request also cites a last-minute change to signature requirements. Under state law, an initiative petition must gather verified signatures from at least 8% of the total number of active voters in the state, including 8% in 26 out of 29 state Senate districts.
On Feb. 5, Utahns for Representative Government director Austin Cox said he received an email from Kenna Stringam, an elections coordinator at the Office of the Lieutenant Governor, revising the 8% threshold in Senate districts 8 and 9.
The update would require the group to gather nearly 400 more signatures between the two districts in order for them to count toward the 26-district requirement. The threshold for other districts, and the statewide total, remained the same.
The request for relief does not explain how posting incorrect numbers for the signature threshold in two districts “infringes on the initiative right,” Henderson said in her response, adding she is willing to use the initial thresholds if the court rules it necessary.
“The Lieutenant Governor strongly condemns the threats and violence described in the Petition,” Henderson’s response said. “But that cannot be used as a justification for extending the February 15 deadline.”
What’s the deadline?
The remedy requested by Utahns for Representative Government is either a three-day extension of the signature submission deadline statewide, or a two-day extension just in Davis, Salt Lake, Summit, Utah, Wasatch and Weber counties.
“In light of those things that were not of our doing and were outside of our control, we think it’s appropriate to respect that next business day deadline,” Axson told the Deseret News.
Some county clerks have told Axson they will be closed on Feb. 15, because it is a Sunday, he said. Typically, signatures are required to be submitted on the next business day, according to Axson. But because of the long weekend this would be Tuesday, Feb. 17.
If nothing changes, Utahns for Representative Government must submit 140,745 valid signatures to county clerks by 5 p.m. on Feb. 15. County clerks will have 21 days to verify signatures, with the last day for clerks to verify signatures being March 7.
As of Friday morning, the Lieutenant Governor’s Office had recorded 88,948 verified signatures. The Prop 4 repeal effort has received support from national groups as the group behind the law, Better Boundaries, has launched a signature removal campaign.