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This afternoon, the State Supreme Court issued an emergency order allowing Sevier County citizens to vote on an issue that's got a lot of them riled up. It's a case with a narrow focus but broad implications. The Supreme Court's emergency order allows citizens to vote on a controversial power plant.
A lower court previously took the initiative off the ballot. It's an issue with statewide significance: Should "The People" have the right to vote on key issues?
The court has shot down an effort by power plant attorneys to block an Election Day voter initiative. Those attorneys were using a legal argument the Legislature could have used to prohibit voter initiatives on any topic.
Before a coal-burning plant is built in Sevier County, many residents want the right to say "Yea" or "Nay" on Election Day. But power plant attorneys persuaded a judge to remove the initiative from the ballot. The Legislature last session passed a bill forbidding voter initiatives on zoning issues. Fred Finlinson, counsel for Sevier Power, said, "Zoning law is supposed to be uniform and equal."
But Jeffery Owens, a lawyer for Sevier citizens told the Supreme Court, the new law flies in the face of the state constitution, which guarantees citizens the power of the ballot through initiative and referendum. He said, "Certain decisions made by voters are the wrong decision. But they should still, in this democratic society, should still be able to make that determination."
He added, "It's basically a check on the power of the Legislature. And that's especially important in a state like Utah that's heavily Republican."
"I think they're trying to create an even playing field across the entire state, as they do across the nation, and say that votes are not part of the zoning process," Finlinson said.
But another lawyer for the power plant admitted, if the court were to uphold the new law, it could set precedent for the Legislature to ban the initiative and referendum process on other issues from tax cuts to school vouchers. Owens said, "Yes, I think it will have an impact far beyond Sevier County."
We asked Finlinson, "Are you fearful that if it's put to a vote, you'll lose?" He replied, "No, I think we would win."
Owens said, "This is an important enough issue for the citizens of Sevier County that it is worth turning the election upside down."
Now, Sevier County officials will be scrambling to get the initiative back on the ballot. They had already started mailing out ballots without it.
So far, we don't know the Supreme Court's reasoning. They've issued the emergency order, but they'll issue their actual ruling sometime later.
E-mail: hollenhorst@ksl.com
