Cook v. Bell

2014 UT 46, 344 P.3d 634, 772 Utah Adv. Rep. 19, 2014 Utah LEXIS 181, 2014 WL 5419732
CourtUtah Supreme Court
DecidedOctober 24, 2014
DocketNo 20120748
StatusPublished
Cited by3 cases

This text of 2014 UT 46 (Cook v. Bell) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cook v. Bell, 2014 UT 46, 344 P.3d 634, 772 Utah Adv. Rep. 19, 2014 Utah LEXIS 181, 2014 WL 5419732 (Utah 2014).

Opinions

Justice DURHAM,

opinion of the Court:

INTRODUCTION

T 1 During the 2011 legislative session, the Utah legislature passed Senate Bill 165 (S.B. 165), altering the requirements for placing an initiative on the ballot. After an unsucceessful attempt to place a local initiative on the ballot, the sponsors of the initiative challenged several provisions of S.B. 165, contending the amendments violate the right to * initiative and uniform operation of laws provisions of the Utah Constitution and the Free Speech Clause of the federal Constitution. The district court found that the amendments did not violate any of these constitutional provisions. We affirm.

[637]*637BACKGROUND

{2 Appellants Mara Brenenstall, Paul Brugger, and Merrill Cook (collectively, initiative proponents) are sponsors of an initiative petition entitled "Lawful Employment Ordinance," which would require Salt Lake County employers to comply with an "E-verify" requirement aimed at preserving jobs in Utah for legal residents. After unsucceessful attempts by the initiative proponents to secure the necessary support from the legislature, he sought to place the ordinance on the 2012 general election ballot in Salt Lake County. The initiative proponents filed an initiative application with the Salt Lake County Clerk's Office in June 2011, and used volunteers to collect signatures through April 2012. The county clerk, however, determined that there were not enough signatures to place the Lawful Employment Ordinance on the 2012 general election ballot.

T8 Several months before the initiative proponents filed the application for petition, the state legislature modified the requirements for placing a local initiative on the ballot. Alleging that these amendments resulted in his inability to get enough signatures to place the Lawful Employment Ordinance on the 2012 ballot, the initiative proponents filed a lawsuit against Lieutenant Governor Greg Bell and Salt Lake County Clerk Sherrie Swenson (collectively, the State), seeking a declaration that two of these amended provisions were unconstitutional.

T4 The initiative proponents first challenge was to the number of signatures required to place the initiative on the ballot. Utah Code section 20A-7-501(1)(a) was modified to require initiative sponsors to gather "signatures equal to ... 10% of all the votes cast in the county, city, or town for all candidates for President of the United States at the last election at which a President of the United States was elected," rather than an equal percentage of votes cast in Utah's most recent gubernatorial election as previous iterations of the law required. 2011 Utah Laws 215. The initiative proponents claimed that the 2011 amendment unconstitutionally increased the number of required signatures in Salt Lake County from approximately twenty-three thousand to approximately thirty-nine thousand.

15 Second, the initiative proponents challenged the amended provision requiring initiative sponsors to consign the completed initiative packet and sufficient signatures to the county clerk's office by "the sooner of ... (A) 816 days after the day on which the application is filed; or (B) the April 15 immediately before the next regular general election immediately after the application is filed." Uran CopE® § 20¥-7-506(1)(a). Prior to the 2011 amendment, proponents of statewide initiatives had one year after filing an application to gather the required signatures, while proponents of local initiatives had an unlimited amount of time to gather signatures so long as they were submitted to the county clerk's office by April 15 of the year in which the initiative was to go on the ballot. Utax CopE §§ 20A-7-202(4)(a), 20A~T-506(1) (2010). The 2011 amendments standardized these diverse timetables, requiring both statewide and local initiative sponsors to gather the required number of signatures by the sooner of (a) 816 days after filing an application or (b) the April 15 immediately before the next regular general election. Cope §§ 20A-7-206(1)(a), 20A-7-506(1)(a).

T6 On cross-motions for summary judgment, the district court denied the initiative proponents' declaratory relief claims. The initiative proponents appealed, challenging the constitutionality of the 2011 amendments to the local initiative requirements.

STANDARD OF REVIEW

$7 "Because the issue of constitutionality presents a question of law, we review the trial court's ruling for correctness and accord it no particular deference." Ryan v. Gold Cross Servs., Inc., 903 P.2d 423, 424 (Utah 1995) (internal quotation marks omitted).

- ANALYSIS

T8 The initiative proponents assert that the 2011 amendments to the local initiative requirements are unconstitutional on three separate grounds: first, the challenged provi[638]*638sions violate the fundamental right to initiative granted under article VI, section 1 of the Utah Constitution; second, the provisions violate the uniform operation of laws under article I, section 24 of the Utah Constitution; and finally, the provisions unconstitutionally infringe upon the right to free speech under the First Amendment to the U.S. Constitution. We disagree with these assertions.

I. THE RIGHT TO INITIATIVE

19 Article VI, section 1 of the Utah Constitution establishes the right of voters to legislate via local initiatives:

The legal voters of any county, city, or town, in the numbers, under the conditions, in the manner, and within the time provided by statute, may ... initiate any desired legislation and cause it to be submitted to the people of the county, city, or town for adoption upon a majority vote of those voting on the legislation, as provided by statute. ...

Utax Const. art. VI, § 1(2)(b). While we recognize that the "reserved right and power of initiative is a fundamental right," Gallivan v. Walker, 2002 UT 89, 1 24, 54 P.3d 1069, it "is not unfettered, but comes with a built-in limitation," Utah Safe to Learn-Safe to Worship Coal., Inc. v. State, 2004 UT 82, ¶ 28, 94 P.3d 217. The constitutional provision establishing the right to initiative also qualifies that right by granting the legislature power to regulate "the numbers, ... the conditions, ... the manner, and ... the time" by which initiatives may be placed on the ballot. UTax Const. art. VI, § 1(2)(b).

T10 Thus, although the legislature is precluded from passing laws that "unduly burden or diminish the people's right to initiate legislation," Gallivan, 2002 UT 89, ¶ 28, 54 P.3d 1069, "[this does not mean ... that the legislature may never pass regulations that have the effect of making it more difficult to enact legislation by initiative," Safe to Learn, 2004 UT 82, ¶ 29, 94 P.8d 217. Statutory regulations of the right to initiative are unconstitutional only if they are unduly burdensome. Id. 34-5, 94 P.3d 217.

"[ 11 The initiative proponents point to the language in the district court's opinion that recognizes "there is a point at which the ratcheting up of required signatures and ratcheting down of time in which to gather those signatures reaches a point where few or no citizen's group could meet the criteria." In connection with this language, the initiative proponents argue for an interpretation of "unduly burdensome" that triggers a constitutional violation whenever a law has the effect of actually preventing a party from reaching the ballot with a specific initiative.

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Cite This Page — Counsel Stack

Bluebook (online)
2014 UT 46, 344 P.3d 634, 772 Utah Adv. Rep. 19, 2014 Utah LEXIS 181, 2014 WL 5419732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-bell-utah-2014.