Opinion: I witnessed firsthand how the Utah Legislature works to undermine citizen initiatives
08/21/2024 07:05 AM
I have witnessed firsthand — both up close and from further away — the numerous recent efforts by the Legislature to undermine citizen initiatives — and, quite frankly, I am deeply disturbed by such continuing legislation. I feel strongly that I must now share my belief that the Utah Supreme Court's ruling on citizen initiatives was absolutely correct and proper.
In 2021, an unbiased commission was established to create a new set of legislative maps based on standards of fairness — standards created by the Utah citizens. The Utah Legislature immediately trashed the commission's work, the voice of the Utah citizens and further damaged the initiative process.
I saw this with my own eyes. I was one of the commissioners.
function onSignUp() { const token = grecaptcha.getResponse(); if (!token) { alert("Please verify the reCAPTCHA!"); } else { axios .post( "https://8c0ug47jei.execute-api.us-east-1.amazonaws.com/dev/newsletter/checkCaptcha", { token, env: "PROD", } ) .then(({ data: { message } }) => { console.log(message); if (message === "Human 👨 👩") { document.getElementById("submit-btn").removeAttribute("disabled"); } else { console.log("ROBOTO"); } }); } }"Representation" of the Utah citizens has morphed into "refereeing" of Utah citizens over the last several years. In fact, I would have to say that such legislation/refereeing has become deliberately and highly oppressive against allowing the citizens a voice in shaping their own government — as was so powerfully and clearly stated in the Court's ruling.
With the announcement of a special session to be held to discuss — truth be told — how the Utah Legislature plans to override the Supreme Court's unanimous decision that condemned oppression of the Utah citizen's voices, please let it be known that I am adamantly against any and all further legislation that would further repress the people and strengthen legislative power over the people.
The talking points for the special session now coming up in the media are nothing more than distractions and selling points meant to "sweeten the deal" (and to further and more subtly establish further oppression). Consider the following points from Legislative leadership:
- "The Utah Supreme Court's new interpretation created uncertainty and ambiguity." The Supreme Court took a full year to carefully write their ruling. It is anything but a document that creates "uncertainty and ambiguity." On the contrary, the Legislature's response is to quickly retaliate against the Court by crafting knee-jerk legislation that would undoubtedly generate volumes of "uncertainty and ambiguity" of its own. Also — isn't the very reason we have a Judicial Branch is to clear up "uncertainty and ambiguity?" The Judiciary is far more qualified and experienced at clearing up "uncertainty and ambiguity" than Utah's Legislature has ever been.
- "[Under the proposed amendment] the initiative process will remain unchanged, and Utahns will continue to have the ability to propose and run ballot initiatives." Therein lies the problem. The initiative process currently in place should not "remain unchanged," but rather needs restoring — beginning with the repeal of recent legislative acts over the past several years that have undermined (not strengthened) the initiative processes.
- "Additionally, [the proposed amendment] prohibits foreign entities from contributing to ballot propositions, adding safeguards against undue influence." Rhetoric. The greatest undue influence towards citizen initiatives in Utah has been the Utah Legislature itself.
To further illustrate, consider this: What has the Utah Legislature done recently to make it easier for the citizens to run a successful initiative? The answer is quite clear: absolutely nothing.
The checks and balances surrounding the redistricting lawsuit have properly run their course — and the Legislature lost. The forthcoming special session legislation is nothing more than a wolf in sheep's clothing. I would encourage my fellow Utahns to strongly oppose this legislation without delay.
N. Jeffrey Bakerwas appointed to serve on the Utah Independent Redistricting Commission in February 2021. He served on a voluntary basis (as did the other commissioners) for the duration of the commission's work throughout 2021. He has worked in geographic information systems for nearly 30 years, and shared this experience in the mapping efforts of the commission. He is politically unaffiliated.
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