Utah 2012 ethics petition question likely headed to court

SALT LAKE CITY — Both Utahns for Ethical Government and Lt. Gov. Greg Bell's office believe a judge likely will decide the fate of signatures gathered for a legislative ethics reform petition.

The problem is a section of Utah law that UEG and Bell's office interpret differently.

UEG officials announced Thursday that they believe they have secured enough signatures — more than 110,000 in 26 Utah Senate districts — to get their ethics reform initiative on the ballot in 2012.

But Bell's office says UEG had not collected enough signatures by the April 15 deadline to get the initiative on the 2010 ballot, and according to state law, the group should have started over with a new petition and new signatures to get the required number for 2012.

UEG says the law gives the group a year to collect signatures, and it includes the 73,160 collected by April 15 in its current total.

That's about the point where a judge will need to step in, both groups say.

Kim Burningham, UEG chairman, said the lieutenant governor should acknowledge that 110,000 people have spoken and that their question should be heard.

"It should be allowed to happen," he said. "I'm delighted in the effort of so many people."

Mark Thomas, Bell's office administrator, said this is the first time the election law has been tested this way.

On Wednesday, Bell's office instructed county clerks to process and count any signatures turned in Thursday, which was UEG's interpretation of the one-year petition period.

But county clerks should not certify the signatures, Bell's instructions state.

In light of potential litigation, "We believe processing the packets for informational purposes will be helpful to all parties," the instructions state.

In Davis County, 2,032 signatures were submitted Wednesday, said Davis Clerk/Auditor Steve Rawlings. Utah County received 12,000 signatures Wednesday, said chief deputy Scott Hogensen in the Utah County Clerk/Auditor's Office.

Hogensen said his office may not finish counting those signatures until after the general election, because his office is preparing ballots and voter registrations for this year's election.

The instructions from Bell's office recognize that possibility.

Hogensen said the request to clerks to not certify petitions is a bit different, but it fits with the lieutenant governor's office's ruling that UEG failed to meet the required thresholds.

Thomas said UEG missed the April 15 deadline outlined in state law. He said state law used to allow signatures from a petition deemed "insufficient" to be reused within two election cycles, but in 2003, the Legislature changed the law to only allow the reuse of signatures no later than one year after the petition is filed.

But that would be 2011, not a year in which Utah has a general election.

UEG petitions were still being circulated Thursday.

e-mail: jdougherty@desnews.com

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