From Deseret News archives:

Hill disruption unlikely over McCoy residency

Published: Wednesday, Feb. 9, 2005 11:54 p.m. MST
 |  E-MAIL | PRINT | FONT + - 
Questions are being raised about whether newly appointed Sen. Scott McCoy, D-Salt Lake, has been a resident of Utah long enough to fill a vacant Senate seat.

However, Minority Leader Mike Dmitrich, D-Price, said he and Senate President John Valentine, R-Orem, have agreed the issue won't disrupt the session.

It's an issue Dmitrich said probably never would have been raised if McCoy wasn't openly gay.

"It was all over Amendment 3," the Senate Democratic leader said, referring to the constitutional amendment banning gay marriage that was approved by voters. McCoy headed the campaign to defeat the amendment.

The question arose over a state constitutional requirement that in order to qualify for the Senate, a candidate must be a resident of Utah for three years prior to the last date for filing for office, said M. Gay Taylor, general counsel for the Legislature.

McCoy, who took office Monday, moved to Utah three years ago. Taylor said "there is some ambiguity" when it comes to mid-term appointments. It's not clear whether the three-year residency requirement starts at the time of appointment or at the time of the general election, she said.

While a number of lawmakers had inquired about the residency requirement, Taylor said "to my knowledge no one is planning any action."

Story continues below
A senator could challenge McCoy's right to hold the seat and ask for his expulsion. It would take a two-thirds vote of the Senate to remove him, Dmitrich said.

"I doubt if it would go that far," he said. "I don't think there's cause. . . . I personally think this is the end of the issue."

If anything does happen this session, Dmitrich said it would be an attempt to clarify the residency requirement to reflect candidates must be a resident for three years prior to running for office.

McCoy met that requirement and signed an affidavit to that effect when he filed for the seat, Dmitrich said.

McCoy replaced a longtime senator, Paula Julander, who resigned for health reasons, in a contested race among District 2 delegates. The district includes the Avenues, Capitol Hill and Central City neighborhoods of Salt Lake City to 33rd South.


E-mail: dbulkeley@desnews.com, lisa@desnews.com

Comments

You can be the first to comment on this story.

previousnext

Latest comments

go cougs!!!

Living in the past | 4:11 p.m. Nov. 27, 2009 Utah might be dragging 2008...

Cougs to host Weber St.

What does hunderlated mean? I just did a search on google, and I think you...

Hall's legacy measured today

Living in the past | 4:11 p.m. Nov. 27, 2009 gotta love how Utah fans keep...

RSL's Movsisyan departs

in the infamous words of Gob Bluth, "I think I've made a huge mistake." Good...

Arctic sea ice is thinning

is a figment of Al Gore's imagination.

the concept that Ute defense is so much better than Y defense just doesn't...

Thank you for very much for sharing this inspirational story...A tribute to...

Logan aims for impact on Wynn

a rebuilding year. Go Utes!

hey all you cougar fans, this is how its gonna be utah is going to beat byu...

Advertisements