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Utah Supreme Court hears arguments over Amendment D publication and ballot summary; state urges narrowing injunction
Summary
At oral argument in League of Women Voters v. Utah State Legislature, the state urged the Utah Supreme Court to vacate or narrow a district-court injunction that prevents votes on Amendment D from being counted, arguing modern online publication and surrounding materials satisfy Article 23 notice requirements and that any defects can be cured by tailored relief rather than canceling the election.
The Utah Supreme Court heard extended argument over whether Amendment D may remain on the 2024 ballot after plaintiffs persuaded a lower court to enjoin the vote. Counsel for the Legislature told the Court plaintiffs "obtained a statewide mandatory injunction ordering that no Utahns' votes be counted," and asked the justices to either vacate that injunction or narrow it so voters can decide the amendment.
The state argued that Article 23's publication and submission requirements should be understood in light of modern practices. "If you disagree with me on that, then I think the clock starts the week of September 16," counsel said, describing a hard-copy legal notice that ran that day and the Legislature's purchase of legal-ad space through the Utah Press Association cooperative. Counsel told the Court some newspaper notices appear online continuously and that the…
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