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SALT LAKE CITY — A judge is weighing whether to dismiss a lawsuit that asks the courts to overturn Utah's new congressional map and to require the Legislature to start the redistricting process over.
The complaint filed by the League of Women Voters and Mormon Women for Ethical Government alleges that the map approved by the Utah Legislature last year represents an "extreme partisan gerrymander" that undermines Utahns' constitutional rights to meaningfully participate in elections. They ask that the current maps be thrown out and lawmakers draw new districts before the 2024 elections.
During a hearing on Wednesday, Michael Curtis, attorney for the Utah Legislature, argued that the proper forum to decide the issue is the political forum — through the Legislature and voters — rather than the courts. He said the groups' request for the court to intervene violates the separation of powers.
Utah Sen. Scott Sandall, R-Tremonton, House Speaker Brad Wilson, R-Kaysville, Senate President Stuart Adams, R-Layton, and Lt. Gov. Deidre Henderson are among defendants named in the lawsuit.
The law allows a court to declare whether a statute is constitutional, and then the Legislature can decide whether or not to change it, according to Curtis.
Free elections — a right provided under the Utah Constitution — do not guarantee a voter's candidate of choice will win an election, Curtis said. He contends the case stems from a "political disagreement" about policy considerations.
Hayden Johnson, attorney for the groups that filed the lawsuit, argued that the Utah Constitution's free elections clause should allow the case to move forward because gerrymandering interferes with the right to vote, giving one party more control.
He said lawmakers' reasoning behind urban-rural balancing in the new boundaries is "unfounded" and didn't justify "vote dilution."
The lawsuit arose after voters approved the Better Boundaries initiative in 2018 to create the Independent Redistricting Commission tasked with drawing Utah's next set of political boundaries, and the GOP-controlled panel of Utah lawmakers then decided to put forth its own set of maps rather than the ones recommended by the independent commission.
The redistricting process only happens once a decade, setting political boundaries for years to come.
Lawmakers have said the sole responsibility for drawing district boundaries belongs to them under state code.
Johnson argued that the Legislature does not have exclusive authority to draw district boundaries. He said the people of Utah have the right to do so, as well.
The judicial branch needs to step in to "check" the Legislature, Johnson argued, adding that Gov. Spencer Cox did not have a chance to check the law because it passed with a veto-proof 2/3 majority in the Legislature.
Cox signed HB2004, the bill redrawing Utah's districts, after the Legislature approved it in November last year during a special session. The map splits Salt Lake County, the state's most populous, into four congressional districts. Critics have decried the way Utah's capital — the Democratic stronghold of Salt Lake City — was split, and areas like Sugar House, Millcreek, Murray and Holladay were separated into four congressional districts.
Other burgeoning Democratic areas like Sandy and Draper were lumped into the same district as conservative Utah County's Provo, as well as Vernal, in the far-eastern corner of the state, and Moab, in the far-southeast corner.
Third District Judge Dianna Gibson said during the hearing Wednesday it would take her some time to review the complex issues associated with the lawsuit. She said she will reach a decision whether to allow the case to continue as soon as possible.
The court previously denied the Legislature's motion to stay the case, which is a request for a delay in the enforcement of a court's judgment.
"The people of Utah will have their day in court. We are energized by today's decision in the 3rd District Court denying the state Legislature's motion to stay and delay justice. Legal maneuvering by the Legislature remained unsuccessful and the voice of Utahns will be heard in court tomorrow," Katie Wright, executive director of Better Boundaries, said in a statement Tuesday ahead of the hearing.
"We remain committed to the majority of Utah voters who demanded gerrymandering reform in 2018 and will continue to fight for transparency and accountability from our elected officials. We look forward to the day when Utah voters can finally pick their own politicians, not the other way around," she said.
