Guest opinion: Ballot processes making sure Goliath always beats David
In the wake of the recent Utah Supreme Court ruling, there’s chatter about hiking the signature threshold for ballot initiatives to an alarming level — think 400,000 signatures instead of the current 134,600. The idea, they say, is to prevent jungle primaries or fend off laws that might favor Democrats, who are outnumbered in Utah. But behind this push, we must remember the First Amendment, that chestnut which guarantees our right to petition the government when it inevitably gets too big for its britches.
This right wasn’t added to the Constitution as an afterthought. It was forged in the fire of a revolution against a king who ignored the people. Our founders understood the dangers of a government that turns a deaf ear, which is why they made sure we’d have a way to demand its attention.
Of course, direct democracy isn’t without its pitfalls. Ballot initiatives, especially those backed by deep-pocketed interest groups, can turn into a case of Goliath whacking David with a golden club while poor David struggles to even find a sling. Skipping the deliberative process of our representative republic can lead to policies that are about as thought-out as a last-minute term paper.
We’re facing a troubling situation though. Some legislators — especially in the state Senate — are not just failing to listen to their constituents; they’re also ignoring their own political party. The refusal to repeal Senate Bill 54 is a prime example. Utahns have spoken, and their top concerns include housing affordability and politicians who don’t listen. How can we tackle the housing crisis if our developer-run Legislature is too busy ignoring the public while making it harder for voters to hold them accountable?
Then there’s S.B. 31, another “gem” from Sen. Daniel McCay, which reflects the same refusal to engage with both party members and voters. When elected representatives turn their backs on their own supporters, it’s no wonder people seek alternative ways to be heard. It’s as if they’ve forgotten who put them in office in the first place.
The lieutenant governor’s office adds the cherry on the sundae by refusing to release the names of signatories on candidate nomination petitions, citing S.B. 47. However, if you actually read the bill or view committee hearings, it’s clear that the law was meant to protect the signature image, not the list of names. This selective interpretation isn’t just misguided; it’s a banana republic clown world. Meanwhile, for the Restore Utah’s Flag ballot initiative, the lieutenant governor’s office provides a public link to the list of signers on their website. “Rules for thee, but not for me,” anyone?
If the Legislature is going to address this, they must also fix the disparity in signature requirements for candidate nomination petitions. As it stands, you need 28,000 signatures for a candidate but 134,600 for an initiative. Where’s the fairness in that? Raising the threshold for ballot initiatives would be a blow to grassroots movements seeking reprieve. Billionaires like Ryan Smith and Gail Miller, poised to cash in on taxpayer-funded stadiums, could still fund initiatives with their pocket change. But what about everyday Utahns who just want a fair shot at being heard? They’d be left out in the cold.
Conservative groups have shown they can hold their own against well-funded opposition. Keep My Voice, for example, successfully defended against challenges. There are groups like The Lyman Group ready to fight the good fight. If the threshold for ballot initiatives is raised, then let’s also increase the signature requirements for candidate nomination petitions to match. Otherwise, we’re just deepening the disparity and making it even harder for ordinary Utahns to have their voices heard.
In the end, we need to strike a balance between safeguarding our republic and providing a way for organic grassroots efforts to seek relief when the Legislature tunes them out. These issues are two sides of the same coin, and addressing one without the other could make things worse.
It’s my hope that our legislators, particularly those in the Senate, will wake up and start listening to their constituents and the party they claim to represent. If they can’t manage that, maybe it’s time for them to stop pretending to be Republicans or step aside and let someone else take the reins.
Casey Gale Is a Utah Republican Party State Delegate & State Central Committeeman. @gale_kc on X.com
