Wasatch can't hold a February election

WASATCH COUNTY — There will be no February election to begin Wasatch County's new seven-member, county-council form of government.

That was the effect of a quick, pointed rejection Wednesday by the Utah Supreme Court of a petition for extraordinary relief by sponsors of a Nov. 7 ballot initiative, passed overwhelmingly by voters favoring a switch from a three-member county commission.

Attorneys for Voters for a Representative Government argued Tuesday before the high court that the language of the initiative called for a February election. The standing County Commission believed that clashed with state statutes requiring new council candidates to go before voters at the next general election in November 2002.

The Supreme Court's decision, rendered Tuesday afternoon, read in its entirety: "This matter is before the court upon a petition for extraordinary relief. The petition for extraordinary relief is denied."

"I think the Supreme Court upheld state law," said Commissioner LaRen Provost. "Basically, I'm just glad to get it resolved one way or another. I didn't have heartburn over it, you know. But I think a transition takes time and we'll be glad to work with those implementing the new form of government to make it a smooth transition. "

Bob Wren, one of the original forces behind the ballot initiative, acknowledged the idea of putting the new government in place soon was now gone. The primary hope for a quick legal resolution, allowing filing dates to proceed for a February election, was dashed by the high court. But Wren said he wasn't convinced the decision meant waiting until 2002.

"February looks through, but our understanding of the court's decision is that they just said it wasn't timely for them to consider the question at this time," Wren said. "They didn't see the reason for expediency, which we did. But I don't believe it means we can't take the issue before the 4th District, and see if a special election can't be held before 2002. We are going to weigh our options."

Deputy Wasatch County attorney Mark McIff, who helped prepare the commission's case with County Attorney Derek Pullan, said, "Our feeling is they made their pitch and lost. They not only were told no. They were told no quickly and firmly. The court only considered this about four or five hours."

As to further litigation seeking a special election, McIff said, "Those guys might think they can take it up in the 4th District, but the Supreme Court didn't invite them to. It was a one-liner. Denied. It seems pretty plain and simple to me."

Meanwhile, Midway resident Arlin Kohler and Heber City resident Jerry Duke filed a lawsuit Monday in 3rd District Court asking that the ballot initiative be declared unconstitutional on grounds that apportionment plans for the new council districts are unfair.

Joe Tesch, attorney for Kohler and Duke, said, "According to the plan, residents in the south end of Heber Valley get one representative for every 1,500 residents, and the 3,400 residents of Heber City get one representative. They should have two. The apportionment is not properly balanced."

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