Group seeking term limits turns to high court

Group seeking term limits turns to high court

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SALT LAKE CITY — A group seeking term limits for Utah's executive branch turned to the Utah Supreme Court on Tuesday, asking for a reversal of the decision by the lieutenant governor's office to deny its request for an initiative petition to be placed on the ballot.

The Utah Term Limits Now campaign aims to limit the office of governor, lieutenant governor, attorney general and others to two terms in office. The group is promoting the idea of a Legislature-driven amendment in the 2016 session.

In a separate effort earlier this month, the organization submitted its proposed initiative called Utah Term Limits for Appointed Executive Official Act for the approval of Utah Lt. Governor Spencer Cox.

The initiative called for those appointed by the governor to be limited to no more than two terms or 10 years. The group said it would gather the 102,000 supporting signatures required to put the issue on the ballot by April 2016.

Cox rejected the proposal for the initiative last week.

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In its petition for extraordinary writ submitted to the Utah Supreme Court, Utah Term Limits Now argues Cox's authority to reject proposals for such initiatives is unconstitutional because he is allowed to assume a judiciary function as a member of the state's executive branch.

"The lieutenant governor's unprecedented rejection itself violates the separation of powers, usurping a role vested in the judiciary to determine the constitutionality of statutes," the court document reads.

Cox said in a letter rejecting the initiative that the proposed limits to governor appointees were contrary to the Utah Constitution. Under state law, Cox's office can reject proposed initiatives it determines are "patently unconstitutional."

In his letter rejecting the proposed initiative, Cox cited the constitutional authority of the governor to make appointments.

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Ben Lockhart

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