Utah Supreme Court to decide viability of a ballot question deemed 'counterfactual' by lower court

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Utah Supreme Court to decide viability of a ballot question deemed 'counterfactual' by lower court
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The Utah Supreme Court is poised to decide whether a proposed constitutional amendment that asks voters to cede power to lawmakers over ballot measures is written clearly and should be counted on the November ballot.

Read full article: 1,000 fish died at Calaveras Lake last month. Here’s how often ‘fish kills’ happen and why.Will San Antonio take a harder stance on anti-LGBTQ bills in Austin next year?Taylor Meehan, right, an attorney for the Utah Legislature, defends a proposed constitutional amendment before the Utah Supreme Court in Salt Lake City on Wednesday, Sept. 25, 2024.

Gibson ruled in early September that the language of the ballot question, penned by Republican legislative leaders, was “counterfactual” and did not disclose to voters the unfettered power they would be handing to state lawmakers. She also said the Legislature had failed to publish the ballot question in newspapers across the state during the required time frame.

Meehan said the summary that will appear on the ballot does not have to educate voters about the effects of the amendment. The summary is only meant to help the voter identify the amendment and point them to the full text, she said, agreeing with Justice John Pearce that the phrasing cannot be counterfactual.

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