From Deseret News archives:
Utah panel ponders amendments
Three amendments that deal with elected officials could be on the agenda for next year's general session, including two that would address issues raised when Gov. Olene Walker assumed office last year. The third would be an attempt to allow voters to empty an occupied office, as opposed to clarifying how to fill a vacated office.
All of the amendments were discussed by the Constitutional Review Commission, which includes legislators, judges and other appointed citizens. The commission reviews most proposed amendments to the Utah Constitution and can forward its recommendations and proposed language to legislators.
When former Gov. Mike Leavitt left office to head up the Environmental Protection Agency in August 2003, there was little question that then-Lt. Gov. Walker would replace him, although there were questions about whether she could formally become governor or would only be "acting" governor. Eventually, a letter from Attorney General Mark Shurtleff allowed Walker to become governor, but the issue highlighted the need for a stronger explanation of the process within the state constitution.
"We have a chance to make a recommendation when people are focused on this, but it is not a crisis," Sen. John Valentine, R-Orem, said Thursday during a meeting of the Constitutional Review Commission, an appointed group that includes legislators, judges and independent citizens.
That recommendation, which could be forwarded from the commission to the Legislature later this year, would not make any changes to the process as it is generally understood. Instead, it would mainly reinforce that if a governor permanently leaves office for any reason, the lieutenant governor becomes governor. Another part of the constitution already states that if a governor is temporarily unable to serve — this could mean anything from an operation where the governor is put under anesthesia to impeachment — the lieutenant governor is only "acting" and has limited powers.
Commission members may propose an amendment that would require an appointed lieutenant governor to be confirmed by the Senate and possibly the House of Representatives. Currently, a governor can appoint a lieutenant governor without having to get approval for any other elected officials or voters. Requiring the confirmation "would be a way to give legitimacy for them to succeed, if necessary," commission member Michael Petersen said.
Another amendment that may find its way to the Legislature next year is a provision that allows for a petition recall of an elected official, although it may not make it with the commission's blessing.
Regardless, Rep. Dave Hogue, R-Riverton, who withdrew the bill during the last general session at the request of the commission, said he intends to run a bill next year — even if the commission does not support it — because the recall ability is needed to keep officials true. That option should have a "high threshold," however, to prevent "a few angry citizens" from hijacking a vote.
E-mail: jloftin@desnews.com
