Utah: Return to Sender: Navajo Voters Reject Mail-in Voting | In These Times

A high-powered coalition of attorneys has filed a federal voting-rights lawsuit against San Juan County, Utah. They’ve done so on behalf of the Navajo Nation Human Rights Commission (NNHRC) and individual Navajo voters living in the county, which overlaps their reservation. The coalition includes The Lawyers’ Committee for Civil Rights Under Law, founded at the request of President Kennedy, the American Civil Liberties Union, ACLU of Utah and international law firm DLA Piper. The lawsuit alleges that San Juan County’s 2014 switch to mail-in elections makes it hard for non-English-speaking Navajos to vote because they can’t read the English-only ballet. Further, the change is predicated on the reservation’s unreliable postal system. If a voter doesn’t receive or understand a ballot, the option of casting one in person in the largely white northern part of the county—which has the only polling place left—is a difficult and costly trek for tribal members, who mostly live at great distances from it. These unequal burdens violate the Voting Rights Act and the Constitution, says the complaint, Navajo Nation Human Rights Commission v. San Juan County et al.

Utah: GOP caucus will be online, but don’t expect Internet voting to take hold elsewhere | Deseret News

When it comes to innovative ways to increase voter turnout, Utah seems to break all the rules. This is a state that lets you vote by mail, vote early and, at least for a three-year trial period, lets you register on the day you vote. Conventional wisdom says that if Republicans run your state, you aren’t supposed to have all those things. “When I go to national election conventions, people are all scratching their heads,” Mark Thomas, chief deputy to Lt. Gov. Spencer Cox, told me. “We’re doing things that only some of the liberal states are doing.” So it shouldn’t be terribly surprising that, if you are a registered Republican in Utah, you will have the chance to vote online in the upcoming presidential preference caucus March 22. That’s just another bold step in a conservative state that’s surprisingly progressive about elections, right? Well, it’s bold all right. As Shakespeare said, “Boldness be my friend.” But as English essayist Charles Lamb said, “’Tis the privilege of friendship to talk nonsense, and to have her nonsense respected.”

Utah: San Juan County sued for violating Voting Rights Act | The Salt Lake Tribune

During the last election, Peggy Phillips would have had to drive four hours, round-trip, from her home on the Navajo reservation to the predominantly white city of Monticello to cast her vote in person. That's because San Juan County had closed all of its polling places and switched to a mail-only voting system ahead of the 2014 general election. But Phillips never received her ballot in the mail in time. Even if she had, she isn't comfortable voting in English and would have needed help from a translator, since there are usually words on the ballot she doesn't understand, according to a federal lawsuit she has joined against the county for violating the Voting Rights Act. Phillips was unable to vote that year. Now, she's one of seven people, along with the Navajo Nation Human Rights Commission, suing San Juan County for violating the 1965 Voting Rights Act, which prohibits racial discrimination in voting. Their lawsuit was filed Thursday in U.S. District Court of Utah, claiming that the new voting system "unreasonably hindered" Navajo citizens' ability to vote on equal terms with white voters. If left unchanged, "these practices will continue to do so in the 2016 election cycle and beyond," the lawsuit reads.

Utah: Senate passes resolution to repeal 17th Amendment in states’ rights push | Standard Examiner

The Utah Senate passed a resolution Wednesday that calls upon Congress to repeal the 17th Amendment, according to the Salt Lake Tribune. Such a proposal would result in U.S. senators being appointed by state legislatures instead of being elected by popular vote. The 17th Amendment, allowing for the popular election of U.S. senators, was passed in 1913. According to the language of SJR2, this “resulted in the increased power of the federal government over the individual states.” The bill’s sponsor, Sen. Alvin Jackson, R-Highland, told the Tribune, “This is about restoring power back to the states.”

Utah: Bill striking two-week wait on vote counts already on governor’s desk | Deseret News

Utahns will likely no longer have to wait two weeks to find out election results in tight races. HB21, a bill requiring clerks to update vote counts between Election Day and the official canvass, has already sailed through both the House and the Senate with overwhelming approval. It now awaits Gov. Gary Herbert's signature. The proposed law change comes after voters waited anxiously to know the winner of two high-profile, neck-and-neck races last year: the Salt Lake City mayor's race and Proposition 1 in Salt Lake County. Elections officials deemed both races too close to call on Election Day, with thousands of lingering vote-by-mail ballots still making their way to clerks.

Utah: State considering next-generation voting methods | The Salt Lake Tribune

Lawmakers are starting the process to replace voting machines statewide that are near the end of their expected lives, and the next generation of voting could be a bit different. Instead of the current electronic touch-screen machines — which cost $30 million to buy statewide — the state is looking perhaps at using off-the-shelf scanners and programs that could count hand-marked ballots (which fit in nicely with by-mail voting). Or it might end up buying off-the-shelf tablets to allow electronic voting and printing of paper records. Or it may allow both, or something different — but likely not anything like the current expensive machines, said Rep. Brad Daw, R-Orem. He says the methods being considered would be much cheaper, and cost an estimated $9.5 to $16 million.

Utah: State holding presidential caucus, not primary election | Deseret News

Utahns are going to get their turn next month to vote in the Republican and Democratic presidential nomination race, but not in a traditional primary election. This year, Utah is using the political party-run caucuses being held on March 22 to determine which candidates will get the state's support at party nominating conventions this summer. Both Republicans and Democrats attending neighborhood caucus meetings that evening can cast their ballots in the presidential race. Republicans also have the option of voting online in the presidential race. The 2015 Legislature decided not to fund a $3 million presidential primary after the Utah GOP — amid the ongoing battle over changes lawmakers made to the overall candidate nomination process — announced it was holding a presidential caucus.

Utah: Bill to eliminate straight party voting is defeated | The Salt Lake Tribune

Straight-ticket voting will remain an option for Utah voters. A House committee Tuesday rejected Rep. Patrice Arent's HB119 to eliminate the option when six of the panel's eight Republicans opposed it. Two GOP lawmakers joined the committee's two Democrats in favor. Straight-ticket voting allows for a resident to vote for all candidates of one party with a single push of the button. Arent, D-Millcreek, said it has caused confusion in the past, citing as an example the 2006 election when the little-known Personal Choice Party received 14 percent of the vote in Salt Lake County.

Utah: Judge allows Democrats to intervene in GOP, state fight over election law | Deseret News

A federal judge Wednesday allowed the Utah Democratic Party to intervene in the ongoing fight between the Utah Republican Party and the state over the primary election nominating process. The Democratic Party last month said it wants to make sure the Utah GOP is not allowed to rewrite the state's election laws or circumvent the will of the Legislature and a recent court decision. It also wants to weigh in on the case as it moves to the Utah Supreme Court. U.S. District Judge David Nuffer found there is a common question of fact regarding the election law's direct and collateral effect on political parties in Utah. The Republican Party objected, calling the Democrats' motion to intervene a "crass" political statement, according to court documents.

Utah: Bipartisan effort to end straight-ticket voting nears committee hearing | The Standard Examiner

Three years ago, an effort to end straight-ticket voting in Utah was defeated in the House Government Operations Committee, falling by a 4-3 vote. That bill’s sponsor, Rep. Patrice Arent, D-Salt Lake City is trying again this year with House Bill 119, Straight Ticket Voting Amendments. And the bill will return to the same committee that once killed it. On Tuesday, Feb. 2, the House Government Operations Committee will decide if the latest effort to end straight-ticket voting makes it to the floor. And Arent has a Republican co-sponsor to help move it forward. Rep. Jeremy Peterson, R-Ogden says he’s working to persuade colleagues to support HB119. “The committee members individually have been very receptive to the reasons for bringing this issue forward. I look forward to making the case at the committee meeting,” Peterson said.

Utah: GOP to hold presidential primary poll online | KUTV

Utah will make history during the upcoming presidential primary season with an online vote. State Republicans will hold the first ever caucus where registered voters can cast their ballot in person or online. Utah's caucus day is set for March 22, a move putting Utah in the middle of the early voting, instead of the end where the primary was originally scheduled for June. Utah Democrats and Republicans will hold what is being called a "presidential preference poll." Democrats will have to show up at their neighborhood caucus for that poll, Republicans will have options.

Utah: New lawsuit adds to confusion about election law | Standard Register

Now engulfed in a second round of litigation from the Utah Republican Party, the 2014 legislative compromise known as Senate Bill 54 could result in mass confusion rather than increased voter participation. During a forum at Weber State University Wednesday, Jan. 13, two experts on Utah’s two paths to the primary election under SB54 — Count My Vote Executive Director Taylor Morgan and Utah Deputy Director of Elections Justin Lee — spoke about how the law has evolved and what that means to candidates and voters. “The only thing that’s more confusing than Utah’s old caucus/convention system is this new SB54 mess,” Morgan told the audience of about three dozen people, many of them candidates or political insiders.

Utah: SB54 election law’s legality questioned over one signature limit clause | Standard Examiner

When legislators passed Senate Bill 54 almost two years ago, a process that allows dual ballot paths for candidates — signature gathering and caucus nomination — it was a compromise designed to end a petition effort from Count My Vote that, had it passed, would have ended caucuses. Before the bill was finalized, the lieutenant governor’s office asked for a clarification on some aspects, said Mark Thomas, Utah director of elections for the lieutenant governor’s office. One of the clarifications that legislators added late was a so-called “exclusivity clause.” It fixed a one-signature-for-one-candidate rule. That means if Candidate A gets a signature from Voter A, then Candidate B cannot use Voter A’s signature for his petition. This clause has fueled even more controversy over a Utah elections law change that has already divided the state Republican Party. Its harshest critics suggest the clause could make SB54 illegal. A larger number of detractors think the Legislature needs to go back and undo the exclusivity clause.

Utah: Bill would eliminate voting for only one political party in Utah | fox13now

The Utah State Legislature will be deciding whether to eliminate "straight-ticket" voting, where you can choose to only vote for candidates from one political party on an entire ballot. Rep. Patrice Arent, D-Millcreek, is sponsoring a bill that would end that, calling it "outdated." "They can still go through the ballot and vote for every Republican, every Green Party and every Democrat," she told FOX 13. "But they're going to have to look at every single name to do that." Rep. Arent claims straight-ticket voting causes confusion for voters and some key issues get skipped because they're not tied to a party affiliation.

Utah: What you need to know about Utah’s new election process | KSL

Don't be surprised if a petitioner knocks on your door in the coming weeks and months — almost 60 candidates have begun the new process to gather signatures to be on the 2016 primary election ballot. Here's what you need to know about the new election law. SB54, passed in 2014, modified Utah's primary process and changed how candidates are nominated and political parties are classified. Political parties have to choose which primary election process to follow by either gathering signatures, participating in a party convention or both. Mark Thomas, director of elections with Lt. Gov. Spencer Cox's office, said this process is designed to get more Utahns involved in the voting process. "Time will tell whether this will be something that will hopefully get voters to be more civic-minded, to participate more in elections," Thomas said.

Utah: Lawmaker’s bill would let 17-year-olds vote in Utah primaries | The Salt Lake Tribune

A proposal that Utah lawmakers will consider later this month could see the state join 20 others to allow 17-year-olds to vote in June primary elections if they'll turn 18 by the general election in November. Salt Lake City Democratic state Rep. Joel Briscoe, a former high school civics teacher, said he hopes his proposal will help boost voter participation and get more young people engaged. Briscoe said if someone will be 18 and eligible to vote in November, "Why not get them involved in the primary election? Why not get them involved even earlier that year and get them more pumped for what's going to happen in November?"

Utah: Some Republicans face huge hurdles in gathering ballot signatures | The Salt Lake Tribune

Dozens of candidates are expected to begin gathering signatures to get on the ballot in 2016 under a new election law, but a handful will face a steep, almost insurmountable climb in their bid for office. The way the new law is written, combined with a judge's ruling and Republican Party rules, will mean some incumbents would have to get signatures from 1 of every 3 GOP voters in their districts. It is a daunting task that has some questioning the fairness of the new law and may ultimately result in a lawsuit. Utah Republican Party Chairman James Evans blames Count My Vote — the group of prominent Utah politicos who pushed for changes to open up the elections process — for forcing through changes for the 2016 election.

Utah: Salt Lake City Council slashes campaign contribution limits | The Salt Lake Tribune

In its last meeting of the year, the Salt Lake City Council followed through on its campaign-finance-reform pledge by slashing contribution limits. In a unanimous vote Tuesday, the council cut maximum contributions to a mayoral candidate from $7,500 to $3,500. It also reduced maximum donations to council candidates from $1,500 to $750. Those limits apply to individuals, corporations, nonprofits and unions. The caps apply only to Salt Lake City. Utah state law contains no limits on campaign contributions. Tuesday was the last meeting for council members Luke Garrott and Kyle LaMalfa, who will leave office Jan. 4. Garrott has long been an advocate for reducing money in politics.

Utah: State, GOP appear headed to court over election law — again | KSL

A federal judge Monday permanently barred the state from forcing political parties to hold open primary elections and dismissed all other claims in the Utah Republican Party's lawsuit. As U.S. District Judge David Nuffer closed the case, the Utah GOP and the state continued to wrangle over the meaning of part of the law, setting the stage for another court battle, possibly before the Utah Supreme Court. Meantime, Gov. Gary Herbert told the Republican State Central Committee over the weekend that he wishes he would have vetoed the controversial new election law and let voters decide the issue as proposed by the Count My Vote initiative.

Utah: GOP, state appear headed to court on new election law — again | Deseret News

A federal judge Monday permanently barred the state from forcing political parties to hold open primary elections and dismissed all other claims in the Utah Republican Party's lawsuit. As U.S. District Judge David Nuffer closed the case, the Utah GOP and the state continued to wrangle over the meaning of part of the law, setting the stage for another court battle, possibly before the Utah Supreme Court. Meantime, Gov. Gary Herbert told the Republican State Central Committee over the weekend that he wishes he would have vetoed the controversial new election law and let voters decide the issue as proposed by the Count My Vote initiative.

Utah: Judge’s ruling may leave independent voters out in the cold | The Salt Lake Tribune

A law that was intended to expand voter participation in primary elections may have just the opposite effect. Elections officials told Democratic representatives that a recent ruling by a federal judge may mean that unaffiliated voters — those who are not registered with any political party — may no longer be able to cast ballots in Democratic primaries, which have traditionally been open to unaffiliated voters. There are roughly 616,000 unaffiliated voters in the state — making that the second biggest category, next to registered Republicans. The decision may also limit who can sign a candidate's petition to get on the primary ballot because the law says that the signatures have to come from those eligible to vote in the party primary. If unaffiliated voters can't vote in the primary, they can't sign the petitions, either.

Utah: GOP wants Utah to let judge settle election dispute | The Salt Lake Tribune

The Utah Republican Party is asking the Lieutenant Governor's office to help hurry a dispute over how candidates are nominated to a court so a judge can rule on the matter because, as the party chairman put it, the top elections office is no longer an "honest broker" on the issue. State GOP Chairman James Evans cited comments by Mark Thomas, the state elections director, in which he characterized as "crazy stuff" Evans' contention that the party can decide whether to let candidates gather signatures to get on the primary ballot. "We have decided it is in the best interests of the party to not seek the [lieutenant governor's] interpretation of the law," Evans said. "Instead, we want to proceed to court for a determination since we have lost confidence that we would get a fair hearing and that the LG's office would be an honest broker."

Utah: With deadline coming up Republicans still wrestling with Count My Vote | KUTV

Just when you thought the 'Count My Vote' war was over, a new battle breaks out within Utah's Republican party. Candidates can start their applications for petitions recently allowed under the Count My Vote compromise on Jan. 4, less than two months away. There is however a problem, if Republican candidates go through with a petition, they could be kicking themselves out of their own party. There are two issues at hand. The first is in an inconsistency in Senate Bill 54 - passed In the Count My Vote compromise. Under the plan candidates have three options to get on the ballot:

1.Go to the convention and get nominated by 100 delegates.
2. Get a petition with 2000 signatures and head straight to the primary.
3. Or both.

Utah: State Senator seeks clarification on Utah election dispute | The Salt Lake Tribune

State Sen. Todd Weiler has asked the lieutenant governor's office for a formal determination on whether he could become a Republican nominee by gathering signatures, potentially bringing to a head the dispute between the party and elections officials. "A lot of my colleagues have called and asked me these questions, and I've given them my opinion, but my opinion doesn't count," the District 23 Republican said. "Candidates are entitled to know the lay of the land so they can plan accordingly. And right now, everything seems to be up in the air." In the letter, Weiler said he plans to begin gathering signatures on petitions in January to secure a spot on the Republican primary ballot. He also plans to seek the nomination through the party's convention.

Utah: Judge strikes down Utah law requiring parties to open primaries | The Salt Lake Tribune

A federal judge ruled Tuesday that the state cannot force political parties to open their primaries to unaffiliated voters, a move that will allow the Utah Republican Party to continue to close its primaries and complicate a potential signature-gathering path to the primary ballot. U.S. District Judge David Nuffer signaled during a hearing last week that he would likely strike down the open-primary provision of SB54, as judges in other districts have repeatedly done. SB54 sought to increase voter participation in primaries by forcing the parties to allow the state's 610,000 unaffiliated voters to cast ballots in the primary elections. But Nuffer said that encroaches on the party's First Amendment right to association.

Utah: Election dispute likely headed back to court, unless lawmakers intervene | The Salt Lake Tribune

A clash between the head of Utah's Republican Party and Republican elections officials over who can seek the party's nomination for office appears likely to end up back in court if the Legislature doesn't settle the matter in a special session first. Utah GOP Chairman James Evans contends that party officials have figured out a way to only allow its candidates to be nominated through party conventions — essentially gutting sweeping elections reforms the Legislature enacted in 2014 that allowed candidates to skip conventions and gather signatures on petitions if they want to seek office. But Republican Lt. Gov. Spencer Cox and the top elections officials in his office disagree. They argue that Evans and the GOP agreed in an August letter to the state to comply with SB54, and that includes allowing candidates to seek the party's nomination through the signature-gathering route.

Utah: GOP believes it has gutted election-reform law | The Salt Lake Tribune

Utah Republican Party leaders claimed victory Tuesday, believing the party has gutted an overhaul to state election law and found a way to keep out of the GOP those candidates who try to win office by gathering signatures to get on the ballot. Meanwhile, a federal judge indicated he will likely strike down a provision of the law that sought to open primaries, letting members of any party or unaffiliated voters cast ballots in any primary election they choose. "Honestly, that's how I think I'm ruling," U.S. District Judge David Nuffer said Tuesday during a three-hour hearing. Nuffer reasoned that forcing a party to accept votes from people who are not party members amounts to "forced association" and violates the organization's First Amendment rights. He said to let the open primaries go forward, only to have the provision ruled unconstitutional later, would be like standing by and watching a wreck happen, then saying there should have been a guard. "I don't want to let an election happen that is invalid," Nuffer said.

Utah: Judge poised to strike down part of new Utah election law | Deseret News

A federal judge appears poised to strike down part of a disputed new state election law that defines how political parties choose candidates for elected office. U.S. District Judge David Nuffer signaled Tuesday that he intends to find forcing parties to hold open primary elections is unconstitutional. He noted that every other court has found that requirement violates the First Amendment. "Honestly, that's how I think I'm ruling," he said after hearing arguments from the Utah Republican Party, the Utah Constitution Party and the state. Nuffer will issue a written decision in the coming days, which could potentially end the lawsuit that the Utah GOP filed against the state. The law includes a clause that says if part of it is struck down, the remainder stands.

Utah: Federal judge orders Utah and Republican Party to try to resolve election law lawsuit | Associated Press

A federal judge has ordered the Utah Republican Party and state officials to work to resolve a lawsuit over a new law changing how political parties nominate candidates. U.S. District Judge David Nuffer said this week that mediation will be faster and cheaper than waiting for the dispute play out in court as state officials prepare to run 2016 elections. At a court hearing Tuesday afternoon, Nuffer ordered the GOP and the state to pick a mediator by Sept. 18 and hold talks in late September and early October. The disputed law, approved in 2014 by Utah's GOP governor and Republican-dominated Legislature, allows candidates to bypass a caucus and convention system and instead try to become a party's nominee by gathering signatures and participating in primary elections.

Utah: Navajo official expresses mail in ballot concerns | San Juan Record

Members of the Navajo Nation Human Rights Commission (NNHRC) attended the September 1 meeting of the San Juan County Commission to express concern about voting rights in San Juan County. Leonard Gorman, the Executive Director of the NNHRC and Lauren Benally, a policy analyst, said they are concerned about the county policy to hold elections by mail-in only ballot. Gorman said it was too late to respond to the new policy by the time they became aware of the procedure last year. And, he added, now the primary election for 2015 has been held in the same manner. Gorman said he is concerned that the policy can be used as a way to screen voters. He backed up this claim by saying he had polled the post office on the reservation and was told that a lot of ballots were thrown away in the garbage at the post office.