Well, cooler heads prevailed in the Utah House GOP caucus on Wednesday, and for now, there will be no direct action over GOP Gov. Gary Herbert’s 3rd District electoral process.
It’s likely GOP lawmakers – hopefully with agreement from the few legislative Democrats – will file an official GRAMA request with Attorney General Sean Reyes to get their hands on the GOP leaders’ legal opinion on what Herbert has done – an opinion that Herbert has blocked Reyes from distributing.
But members of the House GOP caucus – in an open meeting Wednesday – said they did not want to “muddy the waters,” and will stay out of any action that could lead to interruption, or cancellation, of this summer’s races to replace retiring U.S. Rep. Jason Chaffetz, R-Utah.
Yesterday, GOP House leaders hinted that at today’s open Republican caucus action could be approved.
But at the start of the caucus, House Majority Whip Francis Gibson, R-Mapleton, said leaders didn’t even want to bring action options for caucus members to consider.
Rather, they decided it’s best to wait until leaders had a better idea of what they want to do – then ask caucus members to approve or change it.
You can almost hear the telephone lines buzzing last night between GOP legislative leaders, Herbert, Reyes (all Republicans) and others trying to tamp down the rhetoric, much less any court fights.
All this may have come about because of the media coverage of the “unique” Tuesday meeting between House Democrats and Republicans – where there was much talk of Herbert being out of line – even illegally adopting a 3rd District election runoff process this spring and summer, culminating with an Aug. 15 primary election and an early November general election to replace Chaffetz.
Chaffetz announced in April that he wouldn’t be running for any office in 2018. He later said he would resign June 30 – with rumors that he will become a highly-paid talking head for Fox News.
It was kind of funny at the end of Wednesday’s GOP House caucus when Rep. Keven Stratton, R-Orem, called for a vote to ask Chaffetz to stay in office (thus avoiding all of these troubles), but Gibson starred him down and asked for an adjournment vote. They adjourned without a vote on Chaffetz’s immediate future as if the congressman would have listened to them anyway.
So here is an odd thing concerning the Legislature’s pending GRAMA request (UtahPolicy and other media have already filed similar requests with Reyes’ office):
— House Speaker Greg Hughes and Senate President Wayne Niederhauser (no doubt seeking some leverage in getting Herbert to call a special session on the election process battle) formally asked Reyes for his opinion on whether what Herbert did was legal, or, as the leaders believe, Herbert overstepped his powers in doing it himself and not bringing the Legislature into a special session.
— It’s likely Reyes opinion – drafted and signed but not given to lawmakers – will agree with the Legislature’s attorney, John Fellows: Herbert was way out of legal bounds.
— But Herbert, who, like the Legislature, is officially a “client” of Reyes, intervened. He asked Reyes not to give the leaders their opinion – citing attorney/client privilege. Reyes demurred, putting the unseen opinion in his coat pocket.
Niederhauser and Hughes – but especially Hughes – got mad. Herbert can’t do that! Reyes can’t do that! Both men claimed.
— It now appears that lawmakers will file a GRAMA request with Reyes asking the opinion be made public.
And here’s where it gets really wacky. Almost silly.
— Officially, Hughes and Niederhauser are “clients” of Reyes concerning the opinion. When GRAMA requests are made by anyone, the agency holding the document asks the client agency if they want it released.
Well, gee. That’s Hughes and Niederhauser.
So when the media – or the Legislature itself – files the GRAMA request and Reyes comes to Hughes and Niederhauser and asks what he should do, maybe they will look in the mirror and say: “Release the opinion!”
And they get their own opinion — which Reyes probably should have given them in the first place.
That is unless Herbert tries to get in between them again.
But the governor may have had enough of all this. Herbert’s spokesperson Paul Edwards says the governor doesn’t really care what the AG opinion says – they are arguing over client-attorney privilege.
After all, things could get worse.
Wednesday afternoon the new third party – United Utah Party – filed in federal court a lawsuit aimed at forcing Herbert and the Utah Elections Office, overseen by Lt. Gov. Spencer Cox, to put UUP candidates on the ballot – something the UEO refused to due because the Herbert-set special election deadline was missed by the UUP in getting required party signatures.
Does this all sound confusing and a bit crazy?
It is.
Bottom line, many legislators – while angry with Herbert for refusing to call a special session this spring so legislators could have set the election process – don’t want at this late date to screw with that Herbert process.
Republican and Democratic 3rd District delegates have already met in convention last Saturday and sent out nominees – Kathie Allen for Democrats and Chris Herrod for Republicans.
And the UEO has certified two signature-gathering candidates to the GOP Aug. 15 primary, investor Tanner Ainge and Provo Mayor John Curtis.
Now Capitol Hill leaders want this:
— Hopefully a federal judge won’t throw out Herbert’s election process, but just certify Jim Bennett as the UUP candidate to the November 3rd District ballot.
— Reyes will agree to give Hughes and Niederhauser (and UtahPolicy) the now-secret opinion on Herbert’s actions.
— And come January’s general session there will be a boatload of bills detailing how special elections will be conducted in Utah, and a constitutional amendment allowing lawmakers to call themselves in special sessions, and bills saying the AG has to give lawmakers requested opinions without kowtowing to the governor, and on and on.
This is not over.
But at least for now calmer heads prevail.
