The Utah Supreme Court on Wednesday accepted an extraordinary writ regarding the power of citizens to propose and pass ballot initiatives in the state. The request, asking for clarification on the state’s decision, was seen as a victory for the Citizens Initiative Reform Committee, following the lieutenant governor’s denial of three of the four initiatives the group had previously filed.
The issue revolves around whether Utah citizens genuinely possess power equal to the legislature — as the Utah Constitution indicates — or if officials can obstruct or weaken initiatives they oppose.
“If the court rules in our favor, it finally addresses and answers the question in Gallivan v. Walker: How are the people equal to and or superior" to the state legislature, Steve Maxfield, chairman of Citizens Initiative Reform Committee, told the Deseret News. “No way, shape, or form have we been treated like equals.”
The four main citizen initiatives filed by committee aimed to bring significant changes to Utah law:
- Initiative and referendum rules.
- GRAMA (open government/public records laws).
- Revenue and taxation.
- Land use laws.
According to a press release obtained by the Deseret News, each initiative “fundamentally alter(ed) and reform(ed) how Utah’s government conducts the People’s business.”
Lt. Gov. Deidre Henderson’s office only allowed one initiative to move forward, blocking three others, resulting in Citizens Initiative Reform Committee going to the Utah Supreme Court requesting the justices “to overturn Henderson’s interference, restore the timeline for all four initiatives, and pause the enactment/enforcement of any 2025 legislative bills that impact these subjects,” per the press release.
Henderson’s office told the Deseret News it will not comment on pending or active litigation.
Utah’s citizen initiative process is among the strictest in the nation. To get a law on the ballot, an individual or group must gather signatures from at least 8% of active registered voters across the state, with requirements met in at least 26 of Utah’s 29 Senate districts.
Maxfield stated that millions of dollars are invested in grassroots efforts to create citizen-driven action, and that Utah’s initiative laws infringe on their rights as American citizens under the 14th Amendment to institute real change.
“We are aiming at a U.S. Supreme Court ruling that the people’s legislative power right to reform, alter or abolish the government is unfettered and unrestricted. It is my intent to force reform. If they resist, they will be abolished.”