Misinformation on Proposition 4: Potential Legal Consequences for Misleading Voters

In a case that highlights the contentious nature of Utah’s redistricting battle, Hyde Park residents have documented misleading tactics used by petition gatherers seeking to repeal the state’s anti-gerrymandering law.

A doorbell camera captured an interaction where a signature gatherer falsely identifying herself as a representative of the “Utah Ballot Board” approached an elderly resident. The footage shows the woman misleading the homeowner about the petition’s purpose, suggesting he should sign it to support rather than repeal Proposition 4.

“She’s lying to get a signature,” said Julie Allen, who along with her husband Stanton Allen, was disturbed by the footage showing the interaction with Stanton’s father. “It’s infuriating.”

Utah voters narrowly passed Proposition 4 in 2018, creating an independent redistricting commission designed to prevent partisan gerrymandering. However, the Republican-controlled Legislature later weakened the commission and adopted its own maps, prompting voter advocacy groups to file a lawsuit.

Last year, Third District Judge Dianne Gibson ruled against the Legislature’s maps, determining they unfairly benefited Republicans. She subsequently adopted a plaintiff-submitted map that created a Democratic-leaning district in Salt Lake County—a decision that sparked the current petition campaign to overturn Proposition 4.

The Allens’ experience is not isolated. Stanton Allen discovered his own name appeared on the petition after being approached by a signature gatherer under false pretenses.

“He said, ‘Hey, we’re getting petitions signed to increase minimum wage,'” Allen recounted. “The thing that bothered me the most is I felt like they were misrepresenting what I was signing.”

Allen and his father have now joined over 8,000 Utahns who have formally requested their names be removed from the petition after discovering they were misled.

Despite growing evidence of deceptive practices, legal experts suggest there are few consequences for such behavior. KSL Legal Analyst Greg Skordas explained that while some signature gatherers are clearly making misleading statements, proving criminal intent would be challenging.

“Let’s be honest. They’re saying things that are not honest,” Skordas said. “But what are you going to do about it? No prosecutor’s going to take that case up.”

Skordas noted that those making misleading statements can easily claim they believed them to be true at the time, making prosecution difficult. He also acknowledged that both sides of the redistricting debate have engaged in questionable tactics.

“I think there’s an argument to be made that there’s been some level of misinformation from both sides,” Skordas added.

Some voters have complained about aggressive tactics from Proposition 4 supporters as well, including receiving multiple texts, letters, and even home visits urging them to remove their signatures from the repeal petition.

While misleading statements may not have legal consequences, there are serious allegations of criminal activity associated with the petition drive. Some signature packets submitted in Utah County have been flagged as containing forgeries, prompting a criminal investigation.

Rob Axson, the petition’s sponsor, has previously dismissed reports of signature gatherers sharing misinformation as isolated incidents not representative of the more than 2,000 people who participated in the campaign.

Meanwhile, Better Boundaries, the organization now leading the signature removal campaign, maintains that Utah voters made their position clear in 2018 when they created the independent redistricting commission.

“The process of drawing fair maps should not be controlled by politicians with a stake in the outcome. We remain focused on helping those tricked or misled to remove their signatures,” the organization stated.

The controversy underscores the high stakes involved in redistricting, which determines political representation for a decade. For voters caught in the crossfire, Skordas offers practical advice: “People in this day and age need to be aware of what they’re signing and understand that not everything you’re hearing is exactly true.”