Utah Congressional Redistricting Challenge

Lawsuit filed on behalf of the League of Women Voters of Utah, Mormon Women for Ethical Government and individual voters challenging Utah’s new congressional map drawn with 2020 census data. The complaint alleges that the new map is a partisan gerrymander that favors Republicans by “cracking” non-Republican voters across districts in violation of the Utah Constitution. The plaintiffs also argue that the Utah Legislature’s repeal of Proposition 4, a ballot initiative passed in 2018 that created an independent redistricting commission composed of citizens, “violated the people’s constitutionally guaranteed lawmaking power and right to alter and reform their government.” The lawsuit asks the state court to block the use of the new congressional map and reinstate Proposition 4 for future map-drawing processes.

On Oct. 24, the court dismissed one of the plaintiffs’ claims (specifically their claim regarding the Utah Legislature’s repeal of Proposition 4), but allowed the remaining claims to move forward. On Nov. 14, the Utah Legislature petitioned the Utah Supreme Court to hear an appeal of the trial court’s decision on the motion to dismiss. The plaintiffs cross-appealed the trial court’s dismissal of their claims related to Proposition 4. On Jan. 6, 2023, the Utah Supreme Court granted the petition and agreed to hear the Legislature’s and plaintiffs’ cross-appeals. Oral argument before the state Supreme Court was held on July 11, 2023.

On July 11, 2024, the state Supreme Court reversed the trial court’s dismissal of the plaintiffs’ claim challenging the repeal of Proposition 4 and remanded the case back to the trial court for further litigation. The state Supreme Court deferred ruling on the plaintiffs’ partisan gerrymandering claims.

On Sept. 5, the plaintiffs filed a supplemental complaint and motion to block the Utah Legislature from placing a proposed anti-democratic measure (Amendment D) on the ballot due to its misleading language. If passed, the Legislature’s measure would eliminate voters’ constitutional right to alter their government and, in turn, allow the Legislature to veto or alter voter-approved ballot measures, such as Proposition 4’s redistricting reforms.

On Sept. 12, 2024, the trial court judge voided the proposed anti-democratic ballot measure. It may appear on ballots during the 2024 election, but any votes for or against the measure cannot be counted.

STATUS: The Utah Legislature appealed the ruling voiding Amendment D to the Utah Supreme Court, which will affirmed the trial court’s ruling on Sept. 25. Amendment D remains void.

Last updated: October 24, 2024 1:26 pm EST