Bob Bernick's Notebook: Utah's Nominating System and Reforming the Electoral College
by Bob Bernick, UtahPolicy.com Contributing Editor
11/18/2011 | 1776 views | 6 6 comments | 3 3 recommendations | email to a friend | print
Bob Bernick, Utah Policy Contributing Editor
Bob Bernick, Utah Policy Contributing Editor
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Two items of interest this week, first, a new research report on Utah’s unique convention/primary candidate nomination process is out.



And there could be a real donnybrook over a proposed national reform of how U.S. presidents are elected to office will likely break out between GOP leaders and conservative Republican legislators.



The Utah Foundation, a non-partisan public policy research organization, published this week an important historical/analytical paper on Utah’s convention/primary system.



You can read it at: www.utahfoundation.org. The link to the report is here. The foundation will hold a discussion/luncheon on Dec. 16 about its findings.



For anyone interested in Utah politics and state public policy, this is a must read.



The foundation found that Utah stands alone among the 50 states in that a sitting officeholder can be removed from office by being denied his/her party’s nomination in a state or county party convention.



In my long years as a political reporter in this state I had heard this before. But this is the first time I’ve seen the scholarly research that proves it.



Of course, on a personal level one may only ask former Gov. Olene Walker and former U.S Sen. Bob Bennett about their experiences.



Both were removed from office by conservative state delegates who denied them the possibility of getting their names before regular party voters in a primary election.



Who knows if Republican rank-and-file voters (Both Walker and Bennett are Republicans) would have picked either to be the GOP nominees for the general election.



But both politicians had relatively good job approval ratings in media polls at the time of their defeats.



And I remember writing a poll story for the Deseret News as Walker left office in December 2004 where more than 90 percent of Utahns approved of the job she was doing as governor. You can’t get much better than that.



Yet she was not on the ballot only a month before.



Talk about the citizens not being able to vote for the person they wanted.



And this came about because Walker, a moderate politician, couldn’t get enough support among the conservative GOP state delegates in the May 2004 state Republican convention.



As the old saying goes: Something is rotten in the state of Denmark.



There is a group which labels themselves “mainstream conservatives” that are considering trying to provide an alternative route to the political party primary ballots.



The group, which includes UtahPolicy owner/publisher LaVarr Webb, former Gov. Mike Leavitt, and Hinckley Institute of Politics director Kirk Jowers, among others, is thinking of running a citizen initiative petition in 2012 which would allow a party member who gathers 2 percent of the voter signatures from the last general election to put his name on the primary ballot.



That petition route is used by other convention/primary states, as found in the Utah Foundation report. The foundation, I should say, is not endorsing the group’s effort.



Still, it must be said, Utah is the only state where an incumbent – and certainly in the case of Walker, a very popular incumbent – can be removed from office by less than 3,000 state delegates. And that just does not seem right.



Political parties do have a roll in picking candidates who run under their banner. And parties should put forward, via their constitutions and platforms, ideals and goals. That’s how citizens can see what parties stand for, and which party they want to join.



But parties/delegates should not be able to deny someone a primary ballot vote.



That should be up to the rank-and-file party members – if the party holds a closed primary, as the Utah Republican Party does – or even up to the general voting public -- if the party primary is open, as the Utah Democratic Party primary is.



I don’t know if the 2 percent voter-signature is the right number. Maybe it should be higher.



But if a candidate can show via a petition route that he has a certain amount of support in the party/general populace, then he should get his shot before the primary voting public.



Otherwise, we condemn our general election ballot choices to the “party purists” – who may be to the far right and far left.



While those “purists” may well try to govern from the political middle – where most citizens are -- when they get into office -- the chances of that happening are greatly diminished under the current convention/primary system.



Second issue this week is the rise in Utah of the National Popular Vote, a new way to vote for president of the United States.



State Rep. Mike Noel, R-Kanab, and other GOP (and even a few Democratic) legislators, believe that the NPV movement should formally be adopted here.



National and state GOP leaders vehemently disagree.



And this could become a really interesting, if not nasty, fight in the 2012 Legislature.



I won’t go into all of what NPV would do. That was covered in a UtahPolicy story run Thursday. The story is here.



How hot could this become?



Enid Greene Mickelsen, former congresswoman and current Utah GOP national committeewoman, says any legislator, especially any conservative Republican legislator, who votes for the NPV, “should be drummed out of office.”



I’m sorry, but I get this mental picture of Enid, who I’ve known for years, pounding a drum as Noel and others are run out of the House Chambers.



Anyway, Noel says he’s as conservative and Republican as the next guy. But he says he’s main concern is first philosophical – that one man’s vote for president should count as much as another man’s vote for president – and then practical.



Both GOP and Democratic presidential candidates ignore Utah, its votes and its concerns because everyone knows that no matter what, Utah will vote for the Republican nominee.



In 2012, Utah’s six Electoral College votes are not up for dispute, not in doubt.



And so no one pays any attention to us.



A number of other, mostly small, states are in the same boat. They are either in the Republican or Democratic column, and under the states’ winner take all distribution of Electoral College votes, they can be, and are, ignored.



Instead, the candidates will visit (and from a pure economic development standpoint, all of their hundreds of millions of dollars will be spent) in the relatively few “swing” states whose Electoral College votes will decide the 2012 election.



UtahPolicy Managing Editor Bryan Schott tells me some politicos are saying that Ohio – and only Ohio – could be the key to who wins in 2012 .



If Democratic President Barack Obama wins Ohio, he’s got another four years. If the ultimate GOP nominee wins it, he or she is in the White House.



Now, say what you want about the wisdom of the Founding Fathers, I can’t imagine that is what they thought the Electoral College would come to.



Is NPV any better?



Enid and others say no – absolutely not.



In fact, says Utah GOP Chairman Thomas Wright, NPV would be worse – for it would make the huge population cities on the U.S. West and East coasts be the “deciders” in future presidential races.



And since those cities usually vote Democratic, NPV could ensure Democratic presidents for years to come.



Noel and NPV supporters say no – California has elected GOP governors even when Los Angeles and San Francisco voted Democratic; New York has had a series of GOP governors, even if New York City votes Democratic.



NPV supporters say the GOP establishment (with a capitol E) is against their proposal because it would weaken the party bosses and could drive campaign money away from the Republican National Committee and the Democratic National Committee.



I say one-man, one-vote matters. And Utahns’ votes for the American president should matter once again.



And I say party delegates shouldn’t be able to drive a popular incumbent from office; that primary voters should get that decision.



What’s wrong with returning power to individual voters?



Isn’t that what our democracy and our Constitution is all about?

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November 18, 2011
Utah generated a margin of 385,000 "wasted" votes for Bush in 2004.

A survey of 800 Utah voters conducted on May 19–20, 2009 showed 70% overall support for the idea that the President of the United States should be the candidate who receives the most popular votes in all 50 states.

Voters were asked:

"How do you think we should elect the President: Should it be the candidate who gets the most votes in all 50 states, or the current Electoral College system?"

By political affiliation, support was 82% among Democrats, 66% among Republicans, and 75% among others.

By gender, support was 78% among women and 60% among men.

By age, support was 70% among 18-29 year olds, 70% among 30-45 year olds, 70% among 46-65 year olds, and 68% for those older than 65.

In a new Gallup poll, support for a national popular vote by political affiliation is now:

53% among Republicans, 61% among Independents, and 71% among Democrats.

Support for a national popular vote is strong among Republicans, Democrats, and Independent voters, as well as every demographic group in virtually every state surveyed in recent polls in closely divided Battleground states: CO - 68%, FL - 78%, IA 75%, MI - 73%, MO - 70%, NH - 69%, NV - 72%, NM-- 76%, NC - 74%, OH - 70%, PA - 78%, VA - 74%, and WI - 71%; in Small states (3 to 5 electoral votes): AK - 70%, DC - 76%, DE - 75%, ID - 77%, ME - 77%, MT - 72%, NE 74%, NH - 69%, NV - 72%, NM - 76%, OK - 81%, RI - 74%, SD - 71%, UT - 70%, VT - 75%, WV - 81%, and WY - 69%; in Southern and Border states: AR - 80%,, KY- 80%, MS - 77%, MO - 70%, NC - 74%, OK - 81%, SC - 71%, TN - 83%, VA - 74%, and WV - 81%; and in other states polled: CA - 70%, CT - 74%, MA - 73%, MN - 75%, NY - 79%, OR - 76%, and WA - 77%. Americans believe that the candidate who receives the most votes should win.

In the lowest population states, the National Popular Vote bill has passed in 9 state legislative chambers, and has been enacted by 3 jurisdictions.

In total, the bill has passed in 31 state legislative chambers, in 21 small, medium-small, medium, and large states. It has been enacted by 9 jurisdictions possessing 132 electoral votes -- 49% of the 270 necessary to bring the law into effect.

NationalPopularVote
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November 18, 2011
In 1969, The U.S. House of Representatives voted for a national popular vote by a 338–70 margin. It was endorsed by Richard Nixon, Gerald Ford, George H.W. Bush, and Bob Dole.

On June 7, 2011, the Republican-controlled New York Senate passed the National Popular Vote bill by a 47–13 margin, with Republicans favoring the bill by 21–11. Republicans endorsed by the Conservative Party favored the bill 17–7.

Jason Cabel Roe, a lifelong conservative activist and professional political consultant wrote in National Popular Vote is Good for Republicans: "I strongly support National Popular Vote. It is good for Republicans, it is good for conservatives . . . , and it is good for America. National Popular Vote is not a grand conspiracy hatched by the Left to manipulate the election outcome.

It is a bipartisan effort of Republicans, Democrats, and Independents to allow every state – and every voter – to have a say in the selection of our President, and not just the 15 Battle Ground States.

National Popular Vote is not a change that can be easily explained, nor the ramifications thought through in sound bites. It takes a keen political mind to understand just how much it can help . . . Republicans. . . .Opponents either have a knee-jerk reaction to the idea or don’t fully understand it. . . . We believe that the more exposure and discussion the reform has the more support that will build for it."

http://tinyurl.com/3z5brge

Former Tennessee U.S. Senator and 2008 presidential candidate Fred Thompson(R), former Illinois Governor Jim Edgar (R), and former U.S. Representative Tom Tancredo (R-CO) are co-champions of National Popular Vote.

Saul Anuzis, former Chairman of the Michigan Republican Party for five years and a former candidate for chairman of the Republican National Committee, supports the National Popular Vote plan as the fairest way to make sure every vote matters, and also as a way to help Conservative Republican candidates. This is not a partisan issue and the NPV plan would not help either party over the other.

http://tinyurl.com/46eo5ud

Some other supporters who wrote forewords to "Every Vote Equal: A State-Based Plan for Electing the President by National Popular Vote " http://www.every-vote-equal.com/ include:

Laura Brod served in the Minnesota House of Representatives from 2003 to 2010 and was the ranking Republican member of the Tax Committee. She is the Minnesota Public Sector Chair for ALEC (American Legislative Exchange Council) and active in the Council of State Governments.

James Brulte served as Republican Leader of the California State Assembly from 1992 to 1996, California State Senator from 1996 to 2004, and Senate Republican leader from 2000 to 2004.

Ray Haynes served as the National Chairman of the American Legislative Exchange Council (ALEC) in 2000. He served in the California State Senate from 1994 to 2002 and was elected to the Assembly in 1992 and 2002

Dean Murray is a member of the New York State Assembly. He was a Tea Party organizer before being elected to the Assembly as a Republican, Conservative Party member in February 2010. He was described by Fox News as the first Tea Party candidate elected to office in the United States.

Thomas L. Pearce served as a Michigan State Representative from 2005–2010 and was appointed Dean of the Republican Caucus. He has led several faith-based initiatives in Lansing.



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November 18, 2011
Bob, I find your memory selective as you promote weakening the caucus/convention system, because it encourages extremism. Your prime example was Gov. Walker, and how she was derailed by conservatives. You forget to mention that, although she was sitting as governor, she had not been elected to that office. To the citizens of the state, she was largely viewed as Governor Grandmother. You avoid mentioning that her firebrand conservative replacement was Gov. Huntsman. Yeah, he's an extremist!

For Sen. Bennett, he was ousted because of some very unpopular votes he'd given. And there was a Primary, between a moderate and a sharply conservative candidate. Oddly enough, the sharp conservative won. So much for the populace being more moderate than the delegates.

I still view the caucus system as the best way to level the playing field, and not always leave it to the independently wealthy, who can afford to fund a primary campaign.
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November 18, 2011
That may be what democracy is all about, but it is not what our Constitution is all about!

"Our democracy" is an incorrect statement. Ours is a complex constitutional representative republic. The Framers did not design, and the people of the states did not ratify, a system of direct popular vote to elect a President.

The system the Framers designed was a constitutional federalism where each Federal office was elected by a different method, by a different group, for s different purpose, to represent different interests, for a different length of time.

The only Federal office elected by the people was their Representative in the House of Representatives.

Everybody knows that the States lost their sovereignty with the 17th Amendment when it went to popular vote. What we don't understand is that the Executive Branch was the first to fall with the hastily ratified 12th Amendment which institutionalized party usurpation.

How can we educate the people and our State Legislators on the beautiful system the Framers designed in the Constitution, which established freedom and prosperity?
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November 18, 2011
can you please change the "s" to an "a" on line 6?
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November 18, 2011
With the Electoral College, and federalism, the Founding Fathers meant to empower the states to pursue their own interest within the confines of the Constitution. The National Popular Vote is an exercise of that power, not an attack upon it.

The National Popular Vote bill preserves the Electoral College and state control of elections. It changes the way electoral votes are awarded in the Electoral College.

The current state-by-state winner-take-all method of awarding electoral votes (not mentioned in the U.S. Constitution, but since enacted by 48 states), under which all of a state's electoral votes are awarded to the candidate who gets the most votes in each separate state, ensures that the candidates, after the primaries, in 2012 will not reach out to about 76% of the states and their voters. Candidates have no reason to poll, visit, advertise, organize, campaign, or care about the voter concerns in the dozens of states where they are safely ahead or hopelessly behind.

More than 2/3rds of the states and people have been just spectators to the presidential elections. That's more than 85 million voters.



Policies important to the citizens of ‘flyover’ states are not as highly prioritized as policies important to ‘battleground’ states when it comes to governing.



States have the responsibility and power to make all of their voters relevant in every presidential election and beyond.

Unable to agree on any particular method, the Founding Fathers left the choice of method for selecting presidential electors exclusively to the states in section 1 of Article II of the U.S. Constitution-- "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors . . ." The U.S. Supreme Court has repeatedly characterized the authority of the state legislatures over the manner of awarding their electoral votes as "plenary" and "exclusive."

In 1789, in the nation's first election, the people had no vote for President in most states, only men who owned a substantial amount of property could vote, and only three states used the state-by-state winner-take-all method to award electoral votes.

The current 48 state-by-state winner-take-all method (i.e., awarding all of a state's electoral votes to the candidate who receives the most popular votes in a particular state) is not entitled to any special deference based on history or the historical meaning of the words in the U.S. Constitution. It is not mentioned in the U.S. Constitution, the debates of the Constitutional Convention, or the Federalist Papers. The actions taken by the Founding Fathers make it clear that they never gave their imprimatur to the winner-take-all method.



The constitutional wording does not encourage, discourage, require, or prohibit the use of any particular method for awarding the state's electoral votes.

The National Popular Vote bill preserves the Electoral College and state control of elections. It changes the way electoral votes are awarded in the Electoral College.

The Republic is not in any danger from National Popular Vote. It has nothing to do with direct democracy.



With National Popular Vote, citizens would not rule directly but, instead, continue to elect the President by a majority of Electoral College votes, to represent us and conduct the business of government in the periods between elections.

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Ten Things You Need to Know for Friday
by Bryan Schott
May 24, 2013 | 10210 views | 0 0 comments | 3 3 recommendations | email to a friend | print
Countdown: There are 166 days to the 2013 municipal elections, 249 days until the start of the 2014 Legislature, 525 days until the 2014 midterm elections and 962 days until the 2016 Iowa Caucuses. 

An analysis says expanding Medicaid coverage will save Utah more than $130 million and would give health insurance to 123,000 residents [Tribune].

A new report ranks Utah #1 for economic outlook next year [Utah Policy, Tribune].

House Majority Leader Brad Dee goes on a European vacation with three lobbyists, but Dee insists the trip was above board because everybody paid their own way and they didn’t discuss politics [Tribune].

Former Attorney General Mark Shurtleff is caught on tape offering to get $2 million for Utah Businessman Darl McBride if he would shut down a website critical of another Utah businessman. That money was to come from a third Utah businessman who was in trouble with the Attorney General’s office [Tribune].

Former Legislator and current blogger Holly Richardson says she’s had enough with the “culture of corruption” permeating the Attorney General’s office [Holly on the Hill].

Sen. Orrin Hatch wants to hear from Utahns who think they have been inappropriately targeted by the IRS as part of his investigation into misconduct by the agency [Tribune].

Kennecott lays off 100 workers because of the massive landslide at their Bingham Canyon Mine [Tribune, Deseret News].

The Boy Scouts vote to allow gay members in their ranks [Deseret News].

Former Utah Gov. Jon Huntsman launches a new political action committee to support Republicans who share his point of view [Tribune].

Gov. Gary Herbert says he is confident the state can work out a deal to avoid taxing the electricity used by the new National Security Agency data center at Camp Williams [Tribune].
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