The Utah Legislature: Sore Losers Since 2018
They Lost. The Courts Said No. Now They Want YOUR Signature?
First things first. If someone approaches you with a petition about redistricting or Prop 4 in the next few weeks, don’t sign it. Today, we are going to try our best to explain what is going on and why you shouldn’t pick up that pen.
We’ve been working in Utah politics for a long time and what’s happening right now can only be described as…bananas. There’s a massive, national funded signature gathering operation happening RIGHT NOW through mid-November. Your vote from 2018 and your congressional rights are under attack again. And it’s not grassroots Utahns behind it, it’s the Attorney General, former Congressman Rob Bishop, the Utah GOP, and other political insiders. They’re paying signature gatherers $40/hour with promises to “SAVE Utah for PRESIDENT TRUMP.”
Even Lieutenant Governor Deidre Henderson has warned about the chaos this is creating. “This is injecting a level of chaos and confusion into this process that is completely unprecedented... candidates and voters deserve some certainty and some fairness when it comes to knowing who their constituents are.”
Honestly, we don’t have all the answers yet about how this is going to play out. This is confusing and messy and just plain wild. But we’re going to try to break down what’s happening as clearly as we can, because you deserve to understand what you might be signing if someone approaches you with a clipboard.
And we need your help to tell your friends. Pass this along. Don’t assume your friends just “know what’s going on.” They have lives and might not take the time to be subscribed to, let alone read, all of our ramblings. So just shoot them a text right now. Or forward this email. Or go knock on their door. And tell them to decline to sign anything that comes their way. And then tell them to tell some friends too.
The Seven-Year Saga
In 2018, 512,000 Utahns passed Proposition 4 in 2018, creating an independent redistricting commission to draw fair political boundaries. The Legislature has spent every year since trying to undo what you voted for. They’ve lost in court repeatedly. Now they’re trying again. Here’s a recap in a pretty picture form.
The Latest Shenanigans
There are actually TWO petitions circulating right now (or in the near future), and they’re designed to work together to create a constitutional mess.
Petition #1: The Referendum (Repeal the New Map)
What they need:
140,748 signatures statewide
8% threshold in 15 of 29 state senate districts
Deadline: November 15
What it does: This repeals Map C. The one the legislature just passed like 5 minutes ago. The one the GOP encouraged public support for to “stop the Democrats.” If successful and the judge picks map C, it puts the new court-ordered map on hold until voters can vote in 2026.
But here’s the problem: the old 2021 maps are ILLEGAL per court order and under the Proposition 4 standards which are now law.
So if the new map is frozen and the old map is illegal... what maps do we use for the 2026 elections? Honestly, no idea.
The chaos this creates:
Candidates start filing for office on January 2, 2026
Maps might not be finalized until late December or even January despite the Lt. Gov. saying she must have them by November 10
Nobody knows which district they’re running in or who their constituents are. Great way to do government.
Petition #2: The “Indirect Initiative” (Repeal Prop 4)
This is the sneaky one.
What they need:
Only 70,374 signatures (just 4% of voters — half what a normal initiative requires)
In 26 of 29 senate districts
Deadline: November 15 to be included in the 2026 General Session (we think? lol)
What it does:
Doesn’t go to voters at all
Goes straight to the Legislature for an up-or-down vote
The Republican supermajority Legislature would vote to repeal Prop 4
Then, hypothetically, the old 2021 maps snap back into effect (but again, illegal)
Why this is different and dangerous:
Normal initiatives need 8% of voters AND a majority vote on the ballot. This is a statutory loophole: only 4% of voters, and the Legislature decides.
So 70,000 signatures can override 512,000 votes from 2018? That’s what they want to try to sell you.
So the plaintiffs have filed a suit to ask the Lt. Gov to not allow this on the ballot because the Lt. Gov. can decide that an initiative is unconstitutional on its face and therefore reject it. But guess who her legal counsel is? The same Attorney General Derek Brown that appears on the filing paperwork for the initiative. This quote from the lawyer for the plaintiffs, David Reymann is *chefs kiss*.
“Now, six individuals supported by partisan special interests have hatched a plan that they believe will be the new death knell to Proposition 4’s anti-gerrymandering reforms: collect signatures from 4% of Utah voters and on that basis provide cover for the Legislature to again repeal Proposition 4.
“That too is unconstitutional. This latest gambit is not the end-run around the Constitution that its proponents believe. The Constitution creates one category of initiatives: those decided by the People by majority vote. Government reform initiatives adopted by majority vote are entitled to constitutional protections.”
Talk more legalese to me? Fine. If you insist.
The Legal Case: Why This Probably Violates the Constitution
The Plaintiffs’ Argument
Prop 4 was a constitutional exercise of the people’s right to reform government. A quick rundown, Prop 4:
Is protected under Article VI, Section 1 of the Utah Constitution and the “alter or reform” clause
Was approved by majority vote via the constitutional initiative process
Was already protected from legislative tampering by a Utah Supreme Court ruling
And is subject to strict scrutiny — the highest legal standard
The Problem with “Indirect Initiative”
The indirect initiative mechanism is:
Created by statute, not the Constitution
Has a lower threshold (4% vs 8%)
Decided by Legislature, not voters
Cannot override a constitutional right exercised by majority vote
Has not been used in state history, as far as the Salt Lake Tribune can tell
You should not be able to use a legislative loophole to undo what 512,000 voters constitutionally enacted and the court protected. That’s not how this works.
From the court filing:
“A small minority of voters cannot permit the Legislature, using a statutory mechanism, to violate the constitutional rights of a majority of Utah voters who enacted Proposition 4.”
Utah law already says: “The lieutenant governor shall reject an initiative application... if the proposed law is unconstitutional.”
Oh, And It Gets Better
In a new filing Friday night, plaintiffs’ experts showed that out of 10,000 neutral simulations conducted by an independent expert, only six produced the kind of all-Republican sweep Utah’s Legislature managed to draw in 2021 and with Map C.
That means it’s statistically almost impossible to draw that map without partisan intent and without using partisan data which they are legally not allowed to use.
So the lawsuits keep piling up. And once again, we are just here, waiting for a single judge to make the decision. We will be here, continuing to learn how to download court documents.
Who’s Behind This?
Some of the Sponsors
Attorney General Derek Brown (yes, the state’s top lawyer and allegedly the people’s lawyer and the Lt. Gov lawyer too)
Former Rep. Rob Bishop (you know him, longtime GOP congressman)
RNC Committeeman Brad Bonham - who has a whole alter ego as “supercar Ron” and owns a $4.5 million Aston Martin that is bedazzled in 300,000 rhinestones. That’s a really fun rabbit hole if you want to go down it. There’s too much going on and not enough time, but I have many thoughts.
Utah GOP Chair Rob Axson - you know, the one that sent out the email encouraging everyone to support Map C. The same map they are now trying to repeal. Really good logic there. Oh, and the same man who is *allegedly* making phone calls to every Utah GOP party leaders who speak out against the referendum or initiative to keep them towing the party line.
Carolyn Phippen - former candidate for Senate and better known as “Mike Lee in a Wig”. Another fun rabbit hole but more conspiracy theories and less cars.
Other Players
Patriot Grassroots hired to gather signatures
Same firm that worked with Elon Musk’s America PAC in swing states during the 2024 election on behalf of President Trump
Paying $40/hour for signature gatherers “to SAVE Utah for PRESIDENT TRUMP” and “to stop the redistricting proposal that could cost Republicans up to two U.S. congressional seats.”
Austin Cox - who is on the Political Issue Committee for the initiative. Former campaign manager for Spencer Cox, who was fired due to sexual misconduct allegations but has somehow found himself in many comfy lobbying and consulting jobs since.
The National Pile-On
Utah’s redistricting battle isn’t happening in a vacuum. With Republicans clinging to a five-seat majority in Congress, every safely red district matters. Utah’s four House seats are part of that equation, which is why national money and consultants are now flooding into what should have been a routine state process.
If this wasn’t chaotic enough, it’s now gone national.
On Monday, Donald Trump Jr. jumped into Utah’s redistricting fight, posting to X:
That means this isn’t just a Utah fight anymore, it’s now part of a national campaign to keep Congress red.
This blurs the line between state lawmaking and national electioneering and shows just how desperate the GOP is to preserve its congressional stronghold.
Key Dates (to hopefully help clear some confusion)
Now through Nov 15: Signature gathering in full force
Oct 23-24: Third District Court evidentiary hearings
Sometime soon: The mandated “public hearings” for the initiative process. An opportunity for the public to ask questions, submit feedback, and hear about why they are pushing this initiative.
Nov 10: Judge’s deadline to select final map in order to have districts before the 2026 election
Nov 15: The deadline for signatures to be submitted for the indirect initiative and referendum
Late November/December: Signature verification by county clerks
45-90 days after submission: Voters can remove their signatures if they signed
January 2, 2026: Candidate filing begins
Late January/Early February: Earliest the indirect initiative could go to Legislature
What You Can Do
1. Decline to Sign
If someone approaches you with either petition, politely decline. Your signature is your power, don’t give it away.
2. Tell Others
Share this information with friends, family, and neighbors. Many people won’t understand what they’re signing.
3. Be Our Eyes and Ears
If you see a signature gatherer: email us at info@elevateutahpac.com, or DM us. Let us know where they are and what they are saying. In a totally legal and respectful way, take pictures, film, whatever you can. We need eyes and ears on the ground everywhere.
4. Support Fair Maps
Consider supporting groups like Better Boundaries, League of Women Voters of Utah, and Mormon Women for Ethical Government who are fighting to defend your vote. Or us, we always love more paid subscribers to help support this work.
At the End of the Day
The Simple Question: Do you want politicians to pick their voters, or voters to pick their politicians?
They didn’t like your answer. So they’re asking again. And again. And again.
Until they get the answer they want.
Don’t give it to them.
This whole situation is so infuriating!
I don’t understand how Gov. Cox can market the state of Utah as a place of extraordinary moderation and civility and then turn around and align himself with something like this. The hypocrisy is blatant.