The constitutional Amendment A ballot question that asks Utah voters to consider changing how state income tax revenue can be spent is now void, a judge ordered Wednesday.

Amendment A may still appear on printed ballots but votes on the question will not be counted, 3rd District Judge Laura Scott’s ruling states.

The decision comes two weeks after the Utah Supreme Court on Sept. 25 agreed with a lower court ruling to also void Amendment D, which would have given the Legislature the power to repeal citizen-passed ballot initiatives.

In both cases, plaintiffs argued that the Utah Legislature violated Article XXIII of the Utah Constitution, which mandates that ballot language be published in newspapers statewide at least two months before appearing on ballots.

Scott on Wednesday ruled that the previous decision on the “newspaper publication issue” regarding Amendment D also applies in the case of Amendment A.

Her order came shortly after plaintiffs including the state’s largest teachers union (the Utah Education Association), as well as defendants including Lt. Gov. Deidre Henderson, Utah Senate President Stuart Adams and Utah House Speaker Mike Schultz agreed that “the failure to comply with the newspaper publication requirement” was a valid reason for Scott to grant a preliminary injunction voiding Amendment A.

The parties also agreed that a preliminary order regarding Amendment A would essentially constitute a permanent order, given the timing of the Nov. 5 election. Scott ultimately issued a permanent injunction to void the ballot proposal.

Though any votes on Amendment A will not count in the election, the judge noted in her order that due to the timing of the ruling, votes cast for or against the proposal will still be tabulated, because it is “too late” to reverse that process.

However, the ruling states that the lieutenant governor and county clerks cannot publish or release those tabulations to anyone, and that those tabulations will not be subject to public records requests.

Amendment A sought to eliminate the constitutional guarantee that Utah’s income tax is reserved for public education, higher education and disability services.

If passed, it would have allowed the Legislature to use income tax revenue for a broader range of unspecified “state needs.”

The motion challenging Amendment A was filed last month as a supplemental complaint to a lawsuit that the Utah Education Association filed in May. The lawsuit argues that the state’s $82 million “Utah Fits All” school voucher program is unconstitutional, because it uses income tax dollars to fund vouchers meant to cover private school and homeschooling expenses.

The supplemental complaint argued that the Amendment A ballot question failed to inform voters that passing Amendment A would “eliminate one of the key constitutional obstacles” that they allege currently prevents the Legislature from diverting income tax revenue to “anything it chooses — including private school vouchers.”

Though Scott addressed the supplemental complaint Wednesday in her order voiding Amendment A, the underlying lawsuit is still being litigated.

A hearing for arguments regarding a motion to dismiss that lawsuit is currently slated for Dec. 19 before Scott.

— This is a developing story. Check back for updates.

Washington Spirit midfielder Andi Sullivan will miss the rest of the season with a torn ACL, the team announced on Wednesday.

United States international Sullivan sustained the knee injury late in Sunday’s 2-0 road loss to the Orlando Pride. Washington has three games left in the regular season.

Sullivan, 28, recorded two goals in 21 matches (all starts) this season, with the Spirit compiling a 15-5-1 record in those contests.

She has 16 goal contributions in 134 appearances across all competitions since Washington drafted her with the No. 1 overall pick in 2018.

Washington is already dealing with significant injuries less than a month before the playoffs. Forward Trinity Rodman (back) and defender Casey Krueger (adductor), who were both part of the USWNT’s Olympic gold-medal winning team in August, have missed the last two games.

Colombian playmaker Leicy Santos also missed Sunday’s match due to a thigh injury. Ouleymata Sarr, the team’s co-leading scorer alongside Rodman with eight goals, has not played in over a month due to a back injury.

Earlier in September, the Spirit lost rookie midfielder Croix Bethune for the rest of the season to a torn meniscus that was sustained while throwing out a first pitch at an MLB game. Bethune, was also one an Olympic gold medal this summer, tallied 10 assists this year, tying Tobin Heath’s single-season mark from 2016.

Sullivan has won 52 caps for the USWNT and appeared in all four games at the 2023 Women’s World Cup, though has not featured for the national team since October of last year.

Information from ESPN’s Jeff Kassouf and Field Level Media contributed to this report.

A massive wildfire continues to ravage Wyoming’s Bighorn National Forest, growing to over 75,000 acres as of Wednesday, according to the National Interagency Fire Center. Initially sparked by lightning, the Elk Fire is threatening nearby communities, infrastructure and critical resources.

More than 829 firefighters and other personnel have been deployed to battle the blaze as containment efforts intensify. The fire is only 16 percent contained, leaving officials and residents on high alert as they prepare for potential evacuations.

Increased fire behavior was reported early Wednesday morning because of high winds and low humidity. At around 3 a.m. Mountain time, gusty winds intensified fire activity northwest of the Big Goose Water Treatment Plant, the U.S. Forest Service said in a post on Facebook. Firefighters working the night shift, including a dozer, a Hotshot crew and eight engines, quickly responded to the area.

“The weather today will be warmer, drier and the fire will likely be more active. Numerous aircraft are assigned to the incident and will be conducting water and retardant drops,” the post continued.

A community meeting is scheduled for 7 p.m. in the Bighorn and Story areas, where fire officials and agency representatives will provide updates on the firefighting efforts and address concerns about evacuation plans and protective measures, the U.S. Forest Service said.

Attendees will get an update on the fire and evacuations and will also have an opportunity to post questions to agency representatives and fire managers.

Firefighting crews continue to battle the fire on multiple fronts, with a focus on containment and protection of critical infrastructure. The northern side of the fire remains highly active, particularly around steep drainages producing heavy smoke near Little Bighorn Canyon.

On Tuesday, a crew conducted strategic firing operations, and aircraft dropped fire retardant along the 144 Road. Crews will continue to prepare this area on Wednesday, with more firing operations planned to protect the canyon.

Containment efforts are slowly progressing, with containment on the northeastern side of the fire increasing from 10 percent to 16 percent over the past day. Firefighters have constructed containment lines, both natural and man-made, to prevent further spread.

Firefighters face challenging conditions, as unseasonably hot and dry weather is expected to peak on Wednesday, with southwest winds gusting up to 20 mph. The dry vegetation in the area remains highly flammable, contributing to increased fire activity and smoke production, particularly on the fire’s western and southern sides.

Residents concerned about air quality are encouraged to check updates on the AirNow website (airnow.gov). The Sheridan County Sheriff’s Office downgraded evacuation status for certain areas on Tuesday.

The zone, which includes Slack Road near the Montana border and stretches southwest toward the Kerns Elk Refuge, has been moved from “Go” to “Set” evacuation status. While the situation has slightly improved, nearby residents are urged to remain vigilant and prepared for potential changes.

This wildfire, now the largest seen in Bighorn National Forest in over a century, continues to pose significant risks to the region as firefighting teams work tirelessly to contain it.

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