The state Legislature has been on a tear for several years now since citizens have succeeded in passing state initiatives in 2018.
Not only have they taken undemocratic steps to undo what was previously passed by initiatives, but the state’s initiative and referendum laws have been amended in 2017, 2019, 2020, and this year.
This year’s proposed amendments could be the greatest attacks on these rights.
This year, the Legislature proposes to criminalize (by misdemeanor) those that are paid by signature instead of being paid by the hour. The legislation goes on to require that the signature gatherers wear laminated badges with black ink in 24 point type.
Make no mistake, this is an attack on democracy, since citizen initiatives are our most direct form of democratic participation as provided under the Utah Constitution. Though the Utah Supreme Court in Utah Power and Light v. Provo has called citizens a “coequal” type of law-making body, it would be laughable to say the Legislature agreed with this holding. If the Legislature imposes criminal liability based on these amendments, they should also impose the same or similar restrictions on their own signature gatherers when they signature-gather for their campaigns or to force paid lobbyists to wear laminated name tags in exactly 24 point type.
This legislation is nothing but a cynical and undemocratic step to criminalize participatory democracy and is plainly disdainful to the state’s constitutional grant of the power of the citizen’s to legislate.
Joel Ban, Salt Lake City
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