Redistricting in Utah
It's unanimous!
On July 11, the Utah Supreme Court unanimously ruled that the citizens of Utah have the right to reform their government through voter initiatives. This means our lawsuit challenging the Legislature's gerrymandered congressional maps will be heard in District Court. Additionally, our challenge to the Legislature's modification of the redistricting initiative, Proposition 4, will also proceed.
READ OUR EDITORIAL
READ THE COURT’S OPINION
In August the Utah Legislature called Special Session and passed a bill for a ballot measure that threatens the power of the people. Read the President’s Letter calling for member’s advocacy with legislators.
THE LATEST
Defendants’ Motion to Dismiss - Nov. 22, 2014
Legislative Defendants (“Defendants”) move to dismiss Counts VI-VIII of Plaintiffs’ First Amended Complaint or otherwise stay the proceedings. Both requests should be denied. Defendants present no valid reason for dismissal. Counts VI and VII allege that the Legislature enacted the 2021 Congressional Map in violation of Prop 4’s mandatory procedures and substantive standards.
Plaintiffs’ Motion for Summary Judgment - Nov. 22, 2024
The Court should grant Plaintiffs’ motion for summary judgment and deny Defendants’. Defendants do not dispute that Proposition 4 (“Prop 4”) was an initiative that sought to alter or eform the government. They offer only meager and unpersuasive arguments to contend that S.B. 200 did not impair Prop 4’s reforms
A look back at how Amendment D happened Daily Universe Oct. 22, 2024
Gerrymandering is always political, the arguments against it are not - July 23
KSL on supplemental briefs. July 17
Supplemental Briefing - July 13
Statement after filing of supplemental briefing - July 14
Joint statement says the court's decision reinforced the role state courts play in protecting voters' constitutional rights in federal elections. - June 28
How Supreme Court ruling affects Utah. -June 28
The reply brief of LWV’s Prop 4 claim (June 2023)
Utah congressmen respond to the LWV lawsuit (June 2023)
LWV’s response to Legislature’s brief on Prop 4 claim (May 2023)
Legislature’s brief to the Utah Supreme Court on Prop 4 claim (May 2023)
Legislature’s brief opposing LWV claims (March 31)
LWV’s March 31 anti-gerrymandering brief
Better Boundaires/LWV webinar update on lawsuit/March 10, 2023
Better Boundaries’ Katie Wright speaks to the lawsuit.
The Briefing Scheduling Order - July 11 at the Utah Supreme Court
KUER “Utah’s redistricting map fight will move to the Utah Supreme Court. How’d we get there?”
We talk to KRCL about the Utah Supreme Court’s most recent decision.
Read an opinion about the Utah Supreme Court taking the case.
Read Fox13’s article about the Utah Supreme Court taking the case.
Watch ABC4’s coverage of the Utah Supreme Court move.
FROM THE BEGINNING
Why the League is pursuing litigation.
Read the Lt. Gov.’s Answer and the Legislature’s Motion to Dismiss
Read the Deseret News on our lawsuit
Read the media surrounding this lawsuit.
Read the history of the League’s effort to stop gerrymandering.
Read the Legislature’s Motion to Stay, awaiting a U.S. Supreme Court decision in Moore v Harper
Read LWV’s answer to Motion to Stay
Read the LWV’s response to Judge Dianna Gibson’s ruling rejecting requests by the state to dismiss the lawsuit and remove legislative leaders from being sued.
Read the November 14 Petition for Permission to Appeal from an Interlocutory Order from the legislature.
Read our Petition for Permission to Appeal from Interlocutory Order filed on November 14.
Read the Salt Lake Tribune’s article on the state’s request to the Utah Supreme Court.
Read what Jay Evensen says about gerrymandering and our lawsuit.
Read the Salt Lake Tribune story on the beginnings of discovery.
MOORE V HARPER - A FRINGE THEORY
Judge Dianna Gibson has allowed our lawsuit to go forward without waiting for a U.S. Supreme Court ruling on the fringe “independent legislature theory.” Our national league has joined the case with an amicus brief. You may read the press release here.
Read more about this fringe theory here:
TRIAL COURT RULES LAWSUIT MAY PROCEED
Judge Dianna Gibson released a summary ruling denying almost all aspects of the Legislature’s motion to dismiss. Read the ruling here. The court ruled in our favor in three core ways: (1) it has jurisdiction over your claims (i.e., it rejected the legislature’s argument seeking exclusive control over redistricting), (2) all our partisan gerrymandering claims in counts 1–4 can proceed, and (3) the legislators were proper defendants.
However, the court ruled against us in one way. It granted the Legislature’s motion to dismiss with respect to count 5 — the claim challenging the repeal of Prop 4.
Read more about this important voters rights litigation here.
Read the news stories about this effort here.
“We have been hoping for this outcome and we’re very happy the judge wants to move forward with the lawsuit, We look forward to reviewing the judge’s reasoning when she publishes the full opinion, but we believe the constitution protects Utahns’ right to reform our government.”
— Katharine Biele, President, LWV Utah
Learn More
For more about the League’s history with redistricting in Utah, check here.
BREAKING: Voting Rights Groups Sue to Ensure All Utah Voters Have a Voice
Salt Lake City, UT - Today, League of Women Voters of Utah (LWVUT), Mormon Women for Ethical Government (MWEG) and individual voters filed a LAWSUIT to block Utah from implementing a congressional redistricting map that constitutes an extreme partisan gerrymander and to reinstate the citizen-led initiative that established an independent redistricting commission and binding anti-gerrymandering requirements.
Campaign Legal Center (CLC) partnered with Utah attorneys from Parr Brown Gee & Loveless and Zimmerman Booher to file the lawsuit on behalf of the voting rights groups and individual voters who have had their voting strength diluted and voices silenced by the gerrymandered map and the repeal of their redistricting reform initiative.
LWVUT and MWEG, joined by attorneys and individual plaintiffs, will hold a press conference today at 12:30pm Mountain Time/2:30pm Eastern Time outside the Utah State Capitol Building to discuss the lawsuit.
Utah voters passed a bipartisan citizen initiative called Proposition 4 (Prop 4), popularly known as Better Boundaries, in 2018. Among other reforms, the initiative prohibited partisan gerrymandering and established the Utah Independent Redistricting Commission (Commission). Independent redistricting commissions are a voter-centric reform used to ensure voters – not partisan politicians – decide how electoral districts are drawn. These nonpartisan commissions are an important tool to ensure voters choose their politicians, instead of politicians choosing their voters.
In 2020, the Utah Legislature overruled the will of voters and repealed Proposition 4 to replace it with SB 200, which rescinded the prohibition on partisan gerrymandering. As a result, the Utah Legislature had free rein to draw congressional maps that served their own self-interests, instead of the interests of voters. Before the Commission could even finish its work, the Legislature disregarded the Commission’s findings and devised their own extreme partisan gerrymandered maps, which lock in one-party control of Utah’s congressional delegation for the next decade while silencing voters with minority political viewpoints.
The Utah Legislature’s map, called the 2021 Congressional Plan, exemplifies how a ruling political party can skew the electoral process by “cracking” voters from the minority party into multiple congressional districts to dilute their voting power. The 2021 Congressional Plan carves up Salt Lake County, home to Utah’s largest concentration of non-Republican voters, among all four congressional districts – reliably ensuring that there are no competitive districts in Utah’s congressional delegation for the foreseeable future.
“Elections should be determined by voters, not by politicians who draw maps to serve their own political interests. Independent redistricting commissions, like the one created through Proposition 4, are a pro-voter reform that helps ensure voters are the ones who decide how the electoral districts are drawn,” said Paul Smith, senior vice president at Campaign Legal Center. “Utah’s courts can help make sure every vote counts and every voice is heard by blocking the implementation of the gerrymandered congressional map and reinstating Proposition 4’s critical redistricting reforms.”
“Unfair maps and gerrymandering dilute the voices of communities and consequently hurt voters of all parties,” said Catherine Weller, President of League of Women Voters of Utah. “As a nonpartisan organization, our focus is on the voters and ensuring that every voice is heard. Transparency is critical to the election process; we call on the court to block these unfair maps and let the voters of Utah choose who best represents them.”
"The reason we are participating in this litigation is simple. Our work at MWEG is dedicated to the idea that each of us has both the right and the responsibility to participate in government. To do that, we need our votes to matter. Everything flows from that. We hope this litigation will make it possible for all Utahns to be able to cast votes that matter," said Wendy Dennehy, Senior Director of Advocacy, Voting Rights and Ethics at MWEG.
The suit against the Utah State Legislature and other defendants was filed on behalf of LWVUT, MWEG and seven plaintiffs who live in Salt Lake County. It argues that the new congressional map cracks voters from minority viewpoints to dilute their power, which violates the Utah Constitution’s Free Elections Clause, Uniform Operation of Laws Clause, and enshrined protections for free speech and the right to vote. Additionally, the Legislature’s repeal of Proposition 4 violated Utahns’ constitutionally guaranteed lawmaking power and right to reform their government.
The lawsuit asks the court to block implementation of the partisan gerrymandered map outlined in the 2021 Congressional Plan for the 2024 election, and all future elections, and asks the court to reinstate Proposition 4.
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About Campaign Legal Center – The nonpartisan Campaign Legal Center advances democracy through law at the federal, state and local levels, fighting for every American’s rights to responsive government and a fair opportunity to participate in and affect the democratic process.
About League of Women Voters of Utah – LWVUT is a nonpartisan nonprofit membership organization located in Salt Lake City, Utah that is dedicated to empowering voters and defending democracy. LWVUT encourages active participation in government and works to increase its members and voters’ understanding of major public policy issues. For more information, please visit https://www.lwvutah.org.
About Mormon Women for Ethical Government – MWEG is a nonpartisan nonprofit membership organization based in Riverton, Utah. MWEG is guided by its four core attributes: to be faithful, nonpartisan, peaceful, and proactive. MWEG is dedicated to inspiring women of faith and of all political affiliations to be ambassadors of peace who transcend partisanship and advocate for ethical government. MWEG is not affiliated with or endorsed by The Church of Jesus Christ of Latter-day Saints. https://www.mormonwomenforethicalgovernment.org.