- The GOP group trying to repeal Utah's redistricting law sued to keep clerks from counting some signature removal requests.
- The lawsuit alleges that Better Boundaries is indirectly paying voters to remove their signatures by pre-paying for postage.
- More than half of the 2,000 removal requests received by Salt Lake County clerk were through Better Boundaries letters.
The Republican group running a ballot initiative to repeal Utah’s redistricting law sued state election officers on Monday, asking a Utah County court to stop clerks from counting a significant share of signature removal requests.
The committee funding the repeal effort, Utahns for Representative Government, said Better Boundaries, the nonprofit behind Utah’s redistricting law known as Proposition 4 is indirectly paying voters to remove their names.
Utah law prohibits paying an individual “to remove the individual’s signature from an initiative petition.” The lawsuit alleges this has been done by paying return postage on letters so voters face no cost for removing their signature.
The lawsuit asks the 4th District Court to direct the Utah Lieutenant Governor’s Office, which oversees state elections, and county clerks to reject signature removal requests submitted through Better Boundaries letters.
It also asks the court to prevent officials from removing signatures referenced by Better Boundaries letters and to preserve the letters as evidence for future legal action. Utah election officials have yet to respond to the lawsuit.
Better Boundaries’ removal campaign has hired at least 30 paid canvassers to solicit removals, according to the lawsuit, which also alleges that pre-filling address information violates individualized requirements for signature statements.
Signature removal campaign
Utahns for Responsive Government, which operates under the name Better Boundaries, has sent thousands of letters to petition signers with prepaid and partially filled-out forms to request local county clerks to remove signatures.
The letters, printed on Better Boundaries’ letterhead, label the Proposition 4 repeal effort as “a pro-gerrymandering petition that takes power away from voters and gives it to politicians,” and provides instructions for signature removal.
In a statement posted to X on Tuesday, Utahns for Representative Government said the letters interfere with voters’ First Amendment rights, are unethical and are illegal because they come ready with prepaid postage.
“We have sued the Lt. Governor in order to stop these deceptive and misleading practices,” the group posted on Tuesday. “8 years after being duped into supporting ‘fair maps’ Utahns deserve a FAIR VOTE to repeal Prop 4!”
The Proposition 4 repeal effort has been marred by several instances of violence against signature gatherers, including dozens of signatures stolen or destroyed, and one petition circulator assaulted, according to police reports.
Earlier this month, Utahns for Representative Government made an unsuccessful last-ditch request to the Utah Supreme Court to postpone the signature submission deadline because of these and other obstacles for gatherers.
Proposition 4 repeal update
Sponsors of Utahns for Representative Government claim they submitted more than 225,000 signatures by the Feb. 15 deadline.
In order to get Proposition 4 repeal on the ballot, clerks must verify 140,748 signatures, including 8% of the number of active registered voters in 26 of the 29 state Senate districts, according to the Lieutenant Governor’s Office.
With a statewide signature rejection rate of 25%, the group appears on track to qualify with around 170,000 signatures. But those plans could be spoiled by the coordinated signature removal campaign by the original Prop 4 sponsors.
On Tuesday, the Utah Lieutenant Governor’s Office had recorded nearly 130,000 verified signatures. County clerks have until March 7 to verify signatures. Voters have 30 days after signing a packet to request their name be removed.
As of Friday, clerks in Utah’s most populous counties had received around 3,000 removal requests. Salt Lake County Clerk Lannie Chapman said over half of the removal requests she has received are Better Boundaries letters.
Future of Proposition 4
In a statement, Better Boundaries said it is “unsurprising” that thousands of Utahns want to remove their signatures considering an investigation into signature-gathering fraud in Utah County that impacted roughly 300 signatures.
“This suit is a desperate and shameful effort to prevent Utahns, including those who may be victims of fraud, from exercising their rights,” Better Boundaries director Elizabeth Rasmussen told the Deseret News.
Utah voters passed Proposition 4 in 2018 by less than 1%. It established a commission to recommend congressional district maps to the Legislature every decade based on rules to prevent municipal splits and unfair partisan advantage.
Top GOP officials have mobilized in opposition to the law since last summer, when a district judge ruled that lawmakers violated the Utah Constitution by amending Proposition 4 and adopting a map that split Democratic voters in 2021.
Third District Judge Dianna Gibson subsequently rejected the Legislature’s attempt to comply with Proposition 4 and installed a map submitted by plaintiffs in the case, creating a Democratic-leaning seat in Salt Lake County.
The Proposition 4 repeal initiative has gained heightened attention amid national redistricting battles. President Donald Trump lent his support to the initiative in January, as did Turning Point Action in February.