Utah: Legislators lobbing threats at Herbert in the fight over a special election to replace Chaffetz | UtahPolicy

Within the bounds of Utah Republican congenial politics, what’s happening now on Capitol Hill between GOP Gov. Gary Herbert and Republicans lawmakers is about as bad as it’s been in recent years. Wednesday, members of the House GOP caucus basically threatened to sue Herbert before the state Supreme Court over whether he will call them into a special session to decide how a replacement for U.S. Rep. Jason Chaffetz will be picked. Meanwhile, House Speaker Greg Hughes, R-Draper, told an open caucus meeting that Chaffetz’s resignation could come as soon as next week, but surely before the end of June.

Utah: Lawmaker fires warning over process for replacing Chaffetz | Deseret News

The conflict between Utah’s governor and state Legislature escalated Thursday after Rep. Jason Chaffetz officially announced his plans to leave Congress, with legislative leadership threatening legal action over how the vacancy is filled. Gov. Gary Herbert has said he will not call a special session of the Legislature for state lawmakers to set the process for replacing Chaffetz, R-Utah, when he steps down June 30. In response, Senate President Wayne Niederhauser, R-Sandy, issued a statement warning Herbert that “the path forward with the least amount of legal risk would be for the governor to call a special session to allow lawmakers to add appropriate election language to the state code.”

Utah: Legislators, county clerks tussle over ‘ranked-choice voting’ proposal | The Salt Lake Tribune

Legislators and county clerks wrestled Wednesday over whether to pursue “ranked-choice voting,” sometimes called instant runoff voting, to help ensure that election winners are actually supported by a majority of voters. In such a system, voters rank their first, second, third, etc. choices. If no one achieves a majority initially, the lowest-vote-receiving candidate would be eliminated. Supporters of that eliminated candidate would have votes shifted to their second choice. The process would repeat until someone wins a majority. Rep. Rebecca Chavez-Houck, D-Salt Lake City, has for years pushed bills to allow this type of voting. Legislation on the topic passed the House this year, but it died in the Senate after the Utah Republican Party endorsed the idea to help resolve worries that multi-candidate primaries could lead to winners who achieve small pluralities.

Utah: GOP proposes rule change targeting special elections for Congress | Utah Policy

GOP Gov. Gary Herbert may well be facing a group of unhappy Republican Party delegates on May 20. He likely will be one of the few in the South Towne Convention Center advocating for a dual-route for candidates to a U.S. House special vacancy election. These are the same delegates who a year ago came within 140 votes of trying to kick Herbert out of office, giving their majority votes to his challenger, Overstock.com chairman Jonathan Johnson. Johnson failed to get 60 percent of the state delegate votes and faced Herbert in a closed June 2018 primary, where Herbert (popular among Republicans at large) crushed Johnson. Here is the proposed bylaw change, which delegates will vote on next Saturday.

Utah: Legislative leader looks at limiting governor’s power to call special session | KSL

The conflict between state lawmakers and Gov. Gary Herbert over how to handle a potential special election to fill a congressional vacancy has sparked a proposal to limit the governor’s power to call special sessions of the Legislature. “In certain circumstances, it looks like we need to be able to call ourselves in special session,” House Majority Leader Brad Wilson, R-Kaysville, told the Deseret News on Friday. “The time has come for us to debate this issue.” Wilson said he plans to propose an amendment to the Utah Constitution that would take away at least some of the governor’s control over special sessions. If passed by at least two-thirds of the Legislature, it would go before voters in November 2018.

Utah: Who has upper hand in fight over special election? | Utah Policy

In the fight over how Congressman Jason Chaffetz will be replaced in the event he resigns, Gov. Gary Herbert has an advantage. He’s by far the most popular politician in the 3rd Congressional District. Herbert, of course, isn’t running to replace Chaffetz. But in his disagreement with key legislative leaders over the special election process, he enjoys a lot of political capital. He can use it to fend off legislative efforts to dictate how party nominees are chosen in a special election. In case you don’t remember, Herbert is perfectly happy to use Utah’s current election process in a special election, allowing candidates to get on the election ballot either by gathering sufficient signatures or by going through the caucus/convention system – or both.

Utah: Lawmakers want to define ‘vague’ special election process if Chaffetz steps down early | St George News

Ever since he announced he may leave office early, state lawmakers have been debating how to go about replacing Republican Rep. Jason Chaffetz if he steps down from Congress before January 2019. The United States Constitution declares that a vacancy in the House of Representative must be filled via an election held in the congressional district from which the vacancy originates. In contract, filling a vacancy in the Senate isn’t spelled out in the Constitution, leaving it to a state’s governor to appoint an interim replacement. Chaffetz, who represents Utah’s 3rd Congressional District, said last month that he wouldn’t seek re-election at the end of his term, adding he may not even finish his current term. This has led to a question among state lawmakers as to the process of how a replacement may be elected.

Utah: Governor, legislative leaders disagree over possible special election | Deseret News

There’s increasing disagreement between Gov. Gary Herbert and fellow GOP legislative leaders over how to handle a special election to replace Rep. Jason Chaffetz, if the Republican congressman steps down before his term ends. Chaffetz, who two weeks ago surprised Utahns by saying he would not seek re-election and may not serve out his full term, could announce around Memorial Day that he’s leaving Congress as early as June, sources told the Deseret News. Legislative leaders are pushing for the governor to call a special session of the Legislature to spell out how such an election should be conducted, although there’s been disagreement over that between the GOP majority in the House and Senate. But Herbert has said a special session isn’t necessary. Utah law says simply that when there’s a congressional vacancy, the governor issues a proclamation calling an election to fill it.

Utah: Hughes wants a special session immediately to address U.S. House vacancies | Utah Policy

Utah House Speaker Greg Hughes says Gov. Gary Herbert needs to call an immediate legislative special session to pass a law detailing how a U.S. House replacement is picked. Last week in his monthly KUED Channel 7 press conference Herbert declined to do so – only the governor may call a special session, and he sets the agenda. Herbert said the governor’s power to call a special U.S. House election is good enough for now, as there is no opening to fill currently. But Hughes, who himself is looking to run in such a special election for Rep. Jason Chaffetz’s 3rd Congressional District, says no time should be wasted.

Utah: No signature gathering route to special election ballot | Utah Policy

Gov. Gary Herbert said Thursday that he doesn’t see the need now to call a special legislative session this spring to pass a law detailing how his administration would conduct a special U.S. House election. U.S. Rep. Jason Chaffetz, who stunned state politicos by announcing Wednesday he won’t seek re-election in 2018, told KSL Radio’s Doug Wright Thursday morning that he “may” resign his seat before his current term ends January 2019. All Utah has currently is the U.S. constitutional requirement that the governor will call a special election to fill a U.S. House vacancy.

Utah: Navajo Say Utah County Can’t Dodge Voting Rights Suit | Law360

The Navajo Nation Human Rights Commission told a Utah federal judge that Utah’s San Juan County can’t dodge its bid to find the county liable for failing to provide equal opportunities to vote to Navajo citizens, saying that a 2016 plan by the county didn’t provide equally accessible polling places to Navajo voters seeking to vote in person. The commission and a handful of Navajo citizens on Friday replied to the defendant’s opposition to their motion for summary judgment in a suit against San Juan County and some of its officials that claims the county’s voting procedures hinder Navajo citizens’ ability to participate in the political process on equal terms with white voters, in violation of the Voting Rights Act and the 14th Amendment.

Utah: Bill For Automatic Voter Registration With Driver’s License Renewal Heads To Full Senate | KUER

Members of a state senate committee approved a bill today Monday that would automatically update a person’s voter registration when they renew a driver license. Tens of thousands of voters move every year and don’t update their new address with elections officials, says Brian McKenzie, who works in the Davis County Clerk’s office. “A lot of people think that if they update their information with the post office or with the driver’s license (division), then it’s automatically transferred over to voter registration, which it’s not,” he says.

Utah: After unusual Republican Party support, Democrat passes election-reform bill | The Salt Lake Tribune

GOP legislators long had balked at a proposal by Democrat Rebecca Chavez-Houck for “ranked choice voting.” But after the central committee of the Utah Republican Party endorsed the idea last weekend, many lawmakers changed their minds. The House voted 59-12 to pass Chavez-Houck’s bill, HB349, and sent it to the Senate — where it is expected to face tougher sledding. The bill would create an instant runoff system in multi-candidate primary elections. Voters would rank their first-, second-, third-choice, etc. If no one achieves a majority initially, the lowest-vote-receiving candidate would be eliminated. Supporters of that eliminated candidate would have votes shifted to their second-choice. The process would repeat until someone wins a majority.

Utah: After caucus chaos, lawmaker wants Utah to pay for primaries | Associated Press

To vote in Utah’s Democratic primary caucus last year, Kellie Henderson of Salt Lake City had to walk at least a mile and wait in line for three hours.
Henderson told Utah lawmakers on Tuesday that she had to trek from her home to the elementary school where her caucus was held because there was no parking nearby. At the school, she had to wait in a line for three hours before overwhelmed party volunteers running the caucus were able to help her cast a ballot. “It was just chaos,” Henderson said Tuesday. Rep. Patrice Arent, D-Millcreek, wants to avoid a similar mess and has sponsored a bill requiring the state to pay for and run a presidential primary every four years. “Political parties should be in the business of trying to win elections, not run them,” Arent said.

Utah: Committee approves bill aimed at stopping ballot alphabet games | The Salt Lake Tribune

A rose by any other name smells as sweet, but a political candidate by another name could have an advantage on the ballot. That’s the premise behind SB269, which would have the state elections office wait until after the candidate filing deadline to generate its randomized alphabetical order for ballot listing. “The order a person appears on a ballot, especially in a nonpartisan race or in a primary, can affect the outcome of an election,” said Sen. Howard Stephenson, R-Draper, the bill’s sponsor. Because the current practice sees the ballot alphabet released ahead of the filing deadline, Stephenson said, candidates are able to tweak their names for better positioning in the voting booth.

Utah: Bill protecting voter registration information held by committee | Deseret News

A bill seeking to limit access to voter registration records was held Wednesday by a House committee after concerns were raised about what information political parties and candidates would be able to see. The sponsor of HB348, Rep. Becky Edwards, R-North Salt Lake, agreed to continue working on the bill with members of the House Government Operations Committee. “This is a pretty significant policy change, a pretty dramatic one,” said Rep. Jeremy Peterson, R-Ogden, the committee chairman, adding that he wanted to “see what we can do to fine tune it.”

Utah: Statewide Election Day registration bill halted in House committee | Deseret News

A bill that would have required all counties to provide same-day Election Day registration stalled in a House committee Thursday. HB285 would have enacted a five-year pilot program to expand on a test program that eight counties participated in over the past three years, but a majority of the House Government Operations Committee voted against giving the bill a favorable recommendation to the full House floor. “My concern is local control,” Rep. Norman Thurston, R-Provo, said, arguing individual county clerks should be able to opt into the program, not be required by the state. But the bill’s sponsor, Rep. Rebecca Chavez-Houck, D-Salt Lake City, said data collected over the past three years shows same-day Election Day registration does not cause problems with voting and helps more voters cast a ballot, even if they forgot to register ahead of time.

Utah: Election headaches lead lawmakers to consider measures for relief | The Salt Lake Tribune

Memories of long lines, spoiled ballots and disgruntled voters were on the minds of lawmakers Wednesday when a House panel advanced two bills aimed at improving Utah’s elections. The House Government Operations Committee signed off on a proposal to create a statewide presidential primary and a bill requiring county clerks to pay the postage cost of mail-in ballots and to notify voters if their ballots are invalid. A third bill, making voter registration automatically linked to driver-license applications unless a person opts out, was held in committee, with lawmakers indicating that changes were needed before advancing to the House floor. Rep. Patrice Arent, D-Millcreek, sponsored the presidential primary bill, arguing it would make it easier for Utahns to vote for a presidential candidate while avoiding the confusion and disorganization that occurred at the party caucuses last year. “Political parties should be in the business of trying to win elections,” Arent said, “not run them.” A presidential primary would cost $3 million, she said, with the bill requesting $750,000 each year. “We can do it in pieces or we can do it in one chunk,” Arent said. “But I hope that we can get there.”

Utah: House committee passes bill to extend early voting period | Deseret News

Early voters in some Utah counties would be allowed to cast ballots on the day before an election under a bill a House committee approved Tuesday. State law permits early voting to start two weeks before Election Day, but not on the Monday before a Tuesday election. Salt Lake County turned away hundreds of voters in November who showed up to vote on Monday. HB105, sponsored by Rep. Craig Hall, R-West Valley City, would give counties the option to extend the last day of early voting to the day before the election.

Utah: Bill to create runoff elections starts down fast-track toward passage | The Salt Lake Tribune

A bill to create runoff elections in Utah started down a possible fast track Monday toward passing through both houses of the Legislature by the end of this week. The Senate Judiciary Committee unanimously endorsed SB144 and sent it to the full Senate. Its chairman, Sen. Todd Weiler, R-Woods Cross, said leaders hope to pass it through the Legislature this week to possibly stop long-running legal challenges by the Utah Republican Party to recent election law changes that could allow primary candidates to win with small pluralities. The party sued over that issue, among others, so far unsuccessfully. But the party’s executive committee meets Saturday, and Chairman James Evans said it could act to drop its lawsuits if the bill passes. However, some concerns arose at the hearing that could slow its consideration.

Utah: Some ‘spoiled’ ballots would be counted under proposal | Deseret News

A Utah lawmaker wants to make sure voters have a chance to recast their mail-in ballots in the event of common mistakes. Rep. Steve Eliason, R-Sandy, said mail-in ballots can be “spoiled” by a variety of errors, including mismatched signatures or one spouse signing the other’s ballot. “In Salt Lake County, there were 16,683 ballots that were not counted,” said Eliason, the sponsor of HB12. Statewide, tens of thousands of ballots were rejected in November, he said, possibly changing the outcomes in close races. “This bill seeks to make sure that those voters who had their ballots rejected are given an opportunity to, No. 1, be told, ‘You’re ballot was not counted,’ and two, if there’s still time, to ‘come and fix the problem,'” Eliason said.

Utah: Lawmakers Racing to Fix Gaping Hole in Utah Election Law | Utah Policy

A fight over Utah election law could roil the first few weeks of the 2017 Utah Legislature. Speculation is swirling that Rep. Chris Stewart could be named Secretary of the Air Force in the Donald Trump administration. If that comes to pass, Stewart would have to resign his seat in Congress, leaving a vacancy. Here’s where that becomes a problem. Utah has no procedure for filling a vacant seat in the U.S. House of Representatives. State law only says in the case of a vacancy in that body, “When a vacancy occurs for any reason in the office of a representative in Congress, the governor shall issue a proclamation calling an election to fill the vacancy.” That’s it. The law does not specify how soon he has to call the election, and how that election will be conducted. … Here’s how this could become a massive headache.

Utah: After long election lines, lawmaker looking to back off universal mail-in voting | The Salt Lake Tribune

After long lines at polling places and complaints from voters, state Rep. Craig Hall says he will sponsor legislation to get rid of the universal vote-by-mail system in most of Utah’s counties. The vote-by-mail program was in place in 21 of the state’s 29 counties this year — the other eight did traditional voting at polling places — but tens of thousands of voters didn’t take advantage of the mail-in voting and instead flooded the few polling places that were open on Election Day. The result: People waited in two- to three-hour lines to cast their ballots, delaying results and leading to widespread frustration. Now, Hall, a Republican from West Valley City, which saw some of the longest Election Day lines, said he will sponsor legislation to go back to the way elections used to be — when voters could request a mail-in or absentee ballot, but the default was for voters to participate in early voting or go to their polling places on Election Day.

Utah: After unusual election, lawmakers draft pile of bills seeking to make changes | The Salt Lake Tribune

After one of the most unusual elections in history, Utah legislators are busy drafting numerous bills seeking to make changes in election law. Proposals include a variety of schemes to help shorten voting lines — which were up to four-hours long this year. Some lawmakers want to force winners to achieve a majority of the vote, not just a plurality. And some want to ensure that, unlike this year, the presidential candidate who wins the popular vote wins the election. … Sen. Daniel Thatcher, R-West Valley City, stood in line for more than two hours to vote at Hunter Library on Election Day. Others lined up there for up to four hours. “What really drives me crazy is how many people I saw that simply turned around and went home when they saw those lines,” Thatcher says.

Utah: Election Day Turmoil in Utah Portion of Navajo Nation | ICTMN

Confusion abounded in Navajo voting places in San Juan County, Utah, on Election Day, according to observers. The county overlaps the northern portion of the Navajo Nation and runs federal elections there. Navajo Nation attorney Maya Kane was in the county’s reservation town of Montezuma Creek, while Navajo Nation Human Rights Commission policy analyst Lauren Bernally was in Oljato, also on the reservation. The two saw malfunctioning voting machines and one polling place that couldn’t offer voters any way to cast a ballot for at least two and one half hours. Meanwhile, the county office, in Monticello, Utah, appears to have misinformed voters about polling locations. “I talked to voters who were very unhappy that their polling place ran out of ballots and had its only machine break down at the same time,” said Bernally, a tribal member. “Another voter called the county election office to find out where to go, only to be told to drive from Monument Valley to Mexican Hat and, when that was wrong, to double back to Monument Valley.” She stressed that this meant hours of driving and fuel costs.

Utah: Glitch temporarily disrupts voting in Washington County | The Salt Lake Tribune

Jen McDonald got to her polling location in downtown St. George at 8 a.m. Tuesday, and was informed “there was a glitch” in the voting machines — so she filled out a paper ballot. When Kate Davidson, McDonald’s sister-in-law, went to her polling place on St. George’s south side about 10:30 a.m., the news was worse: “They said, ‘We’re out of ballots and our machines aren’t working.’ ” Davidson, with her 3-year-old and 8-month-old in tow, was given three options: Wait around 20 minutes or longer for the machines to be fixed, go to another polling location where paper ballots were still available, or come back in the afternoon. She chose to come back later.

Utah: McMullin’s running mate on Utah ballot is not his ‘actual running mate’ | KUTV

When independent candidate for president Evan McMullin filed to run in Utah, he gave a name for his running mate, whom he said was only a “stand-in” until he could choose the person he really wanted for the job. “I designate Nathan Johnson as my Vice Presidential candidate,” said a ‘certificate of nomination’ signed by McMullin, and delivered to the Utah Lt. Governor’s Office in August. The Lt. governor — in charge of elections — certified the Utah ballot weeks ago, and listed Johnson right beneath McMullin; the two are also paired on ballots in ten other states. Sunday, on ABC’s This Week with George Stephanopoulos, McMullin repeatedly mentioned his actual running mate, Mindy Finn, a woman who began a political career “as a communications and legislative aide on Capitol Hill,” and is said to have worked “with both President George W. Bush and Mitt Romney.”

Utah: Federal judge will not mandate San Juan County to make adjustments for Navajo voters in Utah | The Salt Lake Tribune

A federal judge denied a motion Friday that would have ordered San Juan County to take additional steps to ensure that Navajo voters have equal access to election polling sites. The Navajo Human Rights Commission and residents of the Navajo Nation in San Juan County filed a lawsuit in February, alleging the county had violated the federal Voting Rights Act by closing polling places and moving toward a mail-only voting system, hindering access to the ballot box. But for primary voting in June, the county opened three polling places on the reservation, saying it was bringing the sites closer to Navajos than they are to most white voters.

Utah: Navajos ask federal judge to restore polling places in Utah | Associated Press

Navajo Nation member Davis Filfred prefers casting a ballot the old fashioned way at a polling place. But he’s worried he may have to make a three-hour round-trip drive this November to make that happen. San Juan County in southeastern Utah switched to an all-mail ballot election system in 2014, leaving only one polling place in the northern county seat of Monticello for that election. That meant tribal members who live in far-flung corners of the county had to drive twice as far as white residents, according to a Navajo group that filed a federal lawsuit in February over the new system. The group urged U.S. District Judge Jill Parrish Wednesday to approve their request for a court order requiring the county to open nine polling places for the November election, three satellite locations for early voting and staff them with bilingual workers who can help Navajo speakers. “There’s no way for us to have a redo of the upcoming election,” said attorney Arusha Gordon, represented the Navajo Nation Human Rights Commission.

Utah: Judge denies motions to throw out claims in Navajo voting suit | The Salt Lake Tribune

A federal judge has denied motions to throw out some claims in a lawsuit that alleges vote-by-mail procedures adopted by San Juan County hinder the ability of Navajo citizens to participate in elections on equal terms with white citizens. U.S. District Judge Jill Parrish on Monday rejected defendants’ arguments that claims in the suit against San Juan County commissioners in their official capacity are redundant and should be dismissed because the county is also a named defendant. Two other motions, one to dismiss claims brought by the Navajo Nation Human Rights Commission and the other to throw out claims brought by one of the seven tribal members who are plaintiffs, also were denied.