Utah’s GOP-Controlled Legislature Passes Constitutional Referendum Asking Voters to Give Them Absolute Lawmaking Power
Plus, Texas AG Ken Paxton's voter intimidation effort, RFK Jr drops out and endorses Trump, and 10th Circuit slaps down the 8th Circuit
Utah’s GOP-Controlled Legislature Passes Constitutional Referendum Asking Voters to Give Them Absolute Lawmaking Power
On Wednesday, the GOP-controlled Utah Legislature passed 3 rushed bills and a joint resolution that will appear on the November ballot, which Utah Governor Spencer Cox signed on Thursday.
The GOP Gov. did not have the power to veto the Legislature’s effort. It’s up to the people of Utah to reject the GOP’s scheme asking Utahns to give up their power to amend the state Constitution and other statewide initiatives.
What will appear on the November ballot?
Senate Joint Resolution 401 seeks to “amend the Utah Constitution to modify provisions relating to voter powers” and, if approved by Utahns in November, will be retroactive. Buried in the text of this joint resolution is a provision that gives the state Legislature absolute power over ballot initiatives. It states,
“the people's exercise of their Legislative power as provided in Subsection (2) does not limit or preclude the exercise of Legislative power, including through amending, enacting, or repealing a law, by the Legislature, or by a law making body of a county, city, or town, on behalf of the people whom they are elected to represent.”
Two of the bills passed alongside the Joint Resolution—SB4002 and SB4003—are linked directly to it. SB4002 enables the Legislature to quickly draft and approve the language of the Joint Resolution. SB4003 amends the petition-gathering process and is contingent upon the passage of the Joint Resolution by Utah voters.
Some Republicans in both chambers joined Democrats in opposing the resolution, but not enough voted against it to overcome the majority. It passed in the state Senate 20-8 and in the state House 54-21.
What is SB4002?
SB4002 approves an expedited process for the Legislature’s last-minute placement of a constitutional amendment on the November ballot.
This bill strips the Lt. Gov. and the Office of Legislative Research and General Counsel of their power to oversee the writing and approval of an initiative’s text that is published in the voter information packet. It gives that duty to the Legislature and states that “the lieutenant governor may not modify an argument in any way” but may “jointly modify the argument” with the authors, who are appointed by the presiding officers of the state House and Senate.
SB4002 also mandates deceptive wording in the text of the ballot initiative. It states that even if the Lt. Gov. determines arguments for or against the constitutional amendment “mischaracterizes the position of a state entity” and “cannot jointly agree on a modification to correct the mischaracterization,” the Lt. Gov.
“(a) shall publish the argument or rebuttal argument with the mischaracterization; and (b) may, immediately following the argument or rebuttal argument, publish a brief description of the position of the state entity.”
What is SB4003?
SB4003 would extend and shorten certain timelines for signature gathering and approving text for initiatives. This would only become law if Utah voters pass the Joint Resolution in November.
For statewide referendums, the bill would extend the deadline to submit petition packets from 40 days after a legislative session ends to 60 days after. It would also extend the deadline for the Lt. Gov. to declare a referendum petition to be sufficient or insufficient from 106 days after a legislative session ends to 126 days after.
In addition, legislators would be required to submit arguments for initiatives to the Lt. Gov. 130 days before Election Day. If it doesn’t pass, it will remain at 150 days. Rebuttal arguments would be required to be submitted to the Lt. Gov. 100 days before Election Day. If it doesn’t pass, it will remain at 120 days.
It also amends the provision stating “the Legislature may amend any initiative approved by the people at any legislative session.” The new provision would allow the Legislature to amend or repeal initiatives passed by Utahns in the next general session that “in the Legislature's determination, leaves intact the general purpose of the initiative” and “to mitigate an adverse fiscal impact of the initiative.”
It also adds a provision for signature requirements to qualify for ballot placement. If passed, the bill would require the Lt. Gov. to review and determine if petitioners have submitted at least 25% of the signature threshold to county clerks and to provide a written statement of their assessment.
What’s the third bill?
SB4001 amends the justice court’s jurisdiction to include infraction violations by a minor or an adult high school student. It also adds violations of the Motor Vehicle Act under the court’s jurisdiction under Class B and C misdemeanors.
Update: 10th Circuit Court of Appeals allows the Biden administration to cancel student loan debt using the SAVE plan
On Thursday, a 3 judge panel on the 10th Circuit Court of Appeals temporarily froze the 8th Circuit Court of Appeals’ injunction on the SAVE plan. This means that the Biden administration can proceed with canceling student loan debt using the SAVE plan as the appeals process is decided in the courts. The 8th Circuit, which has been captured by the Federalist Society, blocked the entirety of the program while it decides the case. This prompted the Biden administration to file an emergency appeal with the Supreme Court to reinstate the plan. The 10th Circuit has ruled that the parties in the case must “file a joint status report every 30 days” about the case before the 8th Circuit and the applications before the Supreme Court.
Update: RFK Jr. drops out, endorses Donald Trump
In a court filing on Friday, Independent Presidential candidate Robert F. Kennedy Jr. requested to remove his name from the Pennsylvania ballot, noting that he was dropping out of the race and intended to endorse Donald Trump. This comes one day after he withdrew from the Arizona ballot and hours before he was scheduled to announce the status of his campaign in Phoenix. RFK Jr. will remain on the ballot in other battleground states, including Michigan, Nevada, and Wisconsin, as well as other states because it’s too late to make changes to ballots as they go to print. In his speech announcing his decision, RFK Jr. echoed Russian misinformation and Trump campaign talking points, baselessly accusing the Democratic Party of “lawfare” and conspiring with the media against him.
Texas Attorney General Ken Paxton abuses power to investigate the 2022 election in counties Trump and MAGA candidates lost
On Tuesday, Texas Attorney General Ken Paxton’s Office executed multiple search warrants in Frio, Atascosa, and Bexar counties for alleged vote harvesting during the 2022 midterms. The search warrants stem from an ongoing 2022 election fraud investigation led by election denier and 81st Judicial District Attorney, Audrey Louis, who referred the cast to Paxton’s “Election Integrity Unit.” The problem with Louis’ investigation into Bexar County, the state’s 4th most populous county, is that it’s outside her office’s jurisdiction. In addition to violating state law, Louis’ investigation and Paxton’s search warrant violated a unanimous appellate court ruling from 2021, which ordered Paxton to only prosecute election crimes in conjunction with a local DA. Paxton’s unit has spent $3.3M over 2 years litigating “election integrity” with little to show for it. This latest effort is no more than more taxpayer money being used to intimidate counties 73 days before Election Day.
Paxton remains one of Trump’s most fervent election deniers. The Teflon attorney general of Texas has been Trump’s election attack dog, challenging election results for battleground states in the courts. The Texas Supreme Court swiftly threw out his lawsuit attempting to overturn the 2020 presidential election results, which led to the Texas State Bar recommending disciplinary action against him for the “dishonest” lawsuit. The issue continues to be litigated as Paxton attempts to weasel his way out of accountability once again. In June, the state Supreme Court agreed to consider the disciplinary case against him.