Bob Bernick's Notebook: Why Utah Needs Another Path for Candidates to Get on the Ballot
by Bob Bernick
01/11/2013 | 3494 views | 2 2 comments | 5 5 recommendations | email to a friend | print
Bob Bernick, Utah Policy Contributing Editor
Bob Bernick, Utah Policy Contributing Editor
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It’s no surprise to learn this week that a group seeking an alternative route to a political party’s primary ballot will go ahead with a citizen initiative petition.

The official signature-gathering effort will start within weeks when the formal petition is submitted to the Utah Elections Office.

If more than 100,000 signatures of registered voters – in the proper numbers in the required number of counties – can be gathered within a year, the petition will be placed on the 2014 general election ballot for voter approval or rejection.

We don’t yet know the exact wording of the petition. But I gather it will be something along the lines spoken about last year, when the group of moderate/conservative Republicans behind the effort (yes, there will be some Democrats on board, also) were considering a speeded-up effort to make the 2012 ballot.

Most likely, if a candidate can gather a set percent of signatures of previously-voting citizens (say, 2 percent), he or she would automatically be placed on their party’s primary ballot for the office they seek, bypassing their party’s convention.

LaVarr Webb, UtahPolicy publisher and the guy who signs my paychecks, is one of the dozen or so folks working with this group – which doesn’t yet have an official name.

But I’ve advocated for change in Utah’s nominating process for years, long before I left the Deseret News and starting writing for UtahPolicy.

Here is what Webb tells me:

-- Within a few weeks the group will come up with various scenarios to consider. Timelines, strategies and money raising will then be laid out.

-- One alternative will be the signature gathering effort of a citizen initiative petition. Besides an alternative route to the primary, the group will look at establishing via initiative a direct primary – where no candidates would go to a convention, but all who otherwise qualify would go to the primary ballot. This is called a direct primary system, which a number of states have.

-- But group leaders will also look at taking a similar bill to the 2013 Legislature (which starts in two weeks) to see if lawmakers themselves will authorize an alternative route to a party primary ballot.

-- It’s also possible that with the more moderate 2012 pool of delegates in the GOP and Democratic parties, at their summer 2013 state conventions efforts could be made to have delegates modify their own internal candidate selection process.

For example, both parties could change their rules so that any candidate who gets 20 percent of the vote during a multi-candidate convention fight would go to the primary. That could lead to three or more candidates being on the primary ballot.

However, says Webb, considering all the possibilities, it’s still likely that the unnamed group will go forward with a citizen petition drive.

“It may cost $1 million or $1.5 million to get this on the ballot,” says Webb, who has been involved in some big and expensive campaigns before, especially the elections of former Gov. Mike Leavitt, a Webb friend. Webb, former political editor, city editor and managing editor of the Deseret News, served in Leavitt’s first two administrations as his policy advisor.

Utah lawmakers over several years have made it more difficult for anyone to get a measure on the ballot via the constitutionally-mandated initiative process. And it’s likely the group will hire people to gather signatures, thus raising the cost of the effort.

A number of people are involved – like Leavitt, University of Utah Hinckley Institute of Politics director Kirk Jowers; Webb; former Leavitt chief of staff (both in the Utah government and various federal bureaus) Rich McKeown; Utah Chamber of Commerce bigwig Natalie Gochnour, et al.

“We will be expanding the (leadership) group,” said Webb, “as we move forward.”



Since
the Salt Lake Tribune first broke the story of the renewed effort this past week, “We have gotten a lot of good input and ideas,” said Webb. And some of those new voices will be part of the effort, he added.

A number of heavy-hitting Republicans and Democrats will likely come forward, as well, when the real public relations effort hits as (or after) the signatures are gathered.

Expect folks like former GOP Gov. Olene Walker to be on the petition train.

Many reform-minded Utahns like to point to the case of ex-U.S. Sen. Bob Bennett as the need for the change in the GOP candidate nominating process. Bennett was kicked out of office by the 2010 state GOP convention.

But I prefer to look to Walker.

She was getting job approval ratings above 80 percent in the spring of 2004 when, in the state Republican Party Convention, she was eliminated from office by maybe 1,000 state delegates. (There were more than 1,000 delegates at the convention, but a number supported Walker – and a swing of 1,000 votes would have advanced her to a primary.)

As you may recall, former Gov. Jon Huntsman Jr. and former Utah House Speaker Nolan Karras came out of that convention to face each other in a June closed GOP primary.

Now, those opposed to the upcoming initiative will rightly say that both Huntsman and Karras were sensible, reasonable Republicans and were (as Huntsman’s four-plus years in office showed) conservative politicians that could/would do a good job governing.

But times have changed in Utah and in the nation since then.

And I doubt that Huntsman could get a gubernatorial GOP nomination today via the caucus/convention process.

In any case, my point is this: Utahns were denied the right to vote on Walker as governor, even though 80 percent of them thought she was doing a good job.

A small number of right-wing state GOP delegates decided Walker’s fate, not voters at the ballot box.

So a popular governor was effectively removed from office against – apparently – the will of most Utahns.

Say what you will in defense of the caucus/convention system, that simply fact must be remembered.

It is, in my opinion, highly undemocratic – even criminally so – to allow such a small group of people to, in effect, make such an important decision for all the rest of us.

There will be any number of arguments against the petition – made mostly by Utah Republican Party officials and leaders.

But at the bottom of such anti-petition arguments will be this hard political truth: These inside party people are making important caucus/convention decisions about candidates now, and they don’t want to give up their elitist power.

When you look at the one-party nations today, like China and Russia (past and present), you see a few people deciding who really get top government posts – even if there are elections.

Can we really say that in Utah’s one-party situation we are that much different?

Yes, Utahns still get to vote on whether they are represented by a Republican, Democrat or some other party.

But often they DON’T get to pick who that Republican or Democrat is on the ballot.

Those decisions, more and more, are made by the insider party delegates, either in county or state conventions.

It would be good if party bosses reformed their own internal nomination processes – going, say, from 60 percent to 70 percent (or higher) of the delegate convention vote to make the primary ballot.

But that may not happen – or if promised could later be denied via votes of those same party delegates.

It’s time for Utah to open up its party candidate nomination process.

The upcoming petition may not be a perfect solution.

But it’s a good start.
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January 11, 2013
Bypass a parties nomination process? Bad idea...

First of all, I do not want to turn candidate nomination (effective control) over to the best financed or best media connected politicians. The vast majority of voting citizens are only "Media Sound Bite" connected. People have lives! These are smart people that "feel" they are well informed, but in actuality, they do not have time to do a deep dive on all the candidates, and rarily can make the time to investigate the unknown(s).

The general public, voting citizens, form their opinions based on the media narative. I can see why Media companies would like to expand their influence! But it would be a power grab that disenfranchises more and more citizens. And the bad part about it is, the citizen would not even know. Thus, the new problem would likely be very difficult to fix.

The examples in the argument for a change, also make the arguments against a change. I.e. the incumbents that are very popular with a general public - that gets it's info from the day-to-day narrative, this same incumbent when up for re-nomination, cannot withstand the scrutiny and get support of delegates doing a bonifide analysis - what does that tell you? It indicates better choices were available, and the voting citizens never would have known about them if it wasn't for the Caucus / Convention System!

And the second thing is, the purported line that "...small group of party insiders at the convention..." decides the nominee", is a totally false narative. The State Delegates, at least for the Republican Party, are elected (only a small percentage gets re-elected) and thus largely replaced every two years, as they should be. It is NOT a body of "Party Insiders". That is a disingenuous false narrative.

Delegates are volunteering citizens that are Elected as Delegates from thier actual voting precinct / neighborhood, and charged with the responsibility of vetting all candidates for all State and Federal Offices. And the delegates do this work. It is not just theory... It actually works throughout the State of Utah!

Utah's Caucus / Convention system is a model for the nation. That is, if you cherish the concept of "We the People".

And I certainly hope the Caucus / Convention system is not bypassed. Instead, I would like to see the Caucus / Convention system refined and improved. Not bypassed or replaced. Each party is responsible for establishing rules for nomination process and do this every other year at their Organizing Conventions.

More participation at Precinct Caucus meetings are needed. Then a (slightly) lower threashold to indicate a Primary is needed. I.e. Instead of needing 40% of the Convention Delegates support, I'd like to see ~35% to 37% be enough to call for a Primary. But still only two candidates should emerge out of Caucus. Then if you don't have the support of your party, you can always run as an Independent. Which of course anyone can do in any election -provided you can get enough signatures in the first place!
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January 11, 2013
The caucus system is the best way to make sure grass roots movements can work over large amounts of money. It is the only way someone with $100,000 can go against someone with $2,000,000 in election funds.

There were about 60,000 republicans in Utah that went to the neighborhood caucus elections in 2010 to elect the 3500 delegates. Add to those numbers to democrats and the primary elections and certainly the municipal elections didn't do any better in voter representation.

In 2012 the number showing up again doubled. You look at primary turnout and you will see that few voters would decide.

Most people that want the caucus system changed, there are exceptions, are frustrated that they don't have as much power as people that show up to the neighborhood election caucus meetings. It doesn't take money, you just have to show up.

What we need are more people getting involved earlier.

If you are going to run as a democratic candidate, you have to comply with their rules. If you are going to run as a republican, you have to comply with their rules.

If you want to run and not have those rules, you can run as an unaffiliated or independent. There are also 3rd party.

This is an attempt to change the party rules by state law, bypassing the party and is even an attempt to change the law bypassing the legislature.

This will NOT create more participation. Between one of every 4 or 5 republicans attended their neighborhood election caucus meeting this last year. One is every three told a KSL poll they were involved or attending.

There are 4000 GOP state delegates that spend countless hours vetting candidates to be on the ballot. They are selected by those that attend the neighborhood election caucus meeting. You just have to come.

When people realize this will give them less of a chance to participate but give media and power brokers more power, they will not sign any initiative.

It sounds good, but so did the unethical reform initiative proposed as "ethical reform" which included a power grab by a few. That is what this is. It doesn't mean things can't be better, but this isn't the way to do it.
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Ten Things You Need to Know for Friday
by Bryan Schott
May 24, 2013 | 18853 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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