@mikerichards - the term that drives the Governor's authority is the word
in the Constitution line which is 'Writ'. To find the definition of
'Writ", one would have to go back to the late 1700s and early 1800s.
The legal words of today aren't going to be too far off of the old times,
but you will find that 'Executive Authority thereof shall issue Writs of
Election' is totally up to the Gov.
The Constitution states: "When vacancies happen in the Representation from
any State, the Executive Authority thereof shall issue Writs of Election to fill
such Vacancies."So, the Governor has the duty and the authority
to call a special election.What is not stated is who can appear on
the ballots of that special election. Does the Governor have the authority to
specify the rules of selection? The Republican Party has decided that our
Democratic Republic requires a caucus system where electors are chosen to
nominate and vote for possible candidates at a nominating convention.
"Republican Royalty" reject the Democratic Republic process and insist
that anyone can be on the ballot if he/she has enough signatures. The Governor
has determined that the signature gathering process will be used in the election
to replace Chaffetz. The Governor's decision guarantees a protracted court
fight. Although the Governor has the duty to call a special election, he does
not have the right to set the conditions to select who will represent the
Republican Party on the ballot.
It does not seem clear on what the Utah Constitution and the Utah Code. But,
the US Constitution, in Article 1, Section 2, Paragraph 4, reads: "When
vacancies happen in the Representation from any State, the Executive Authority
thereof shall issue Writs of Election to fill such Vacancies." It seems clear that the vacancy for a US Congress Representative is up to the
Governor here in Utah. The Legislature leaders should be backing the Gov, not
pushing him aside.
I'm betting that this fight doesn't go any longer than three rounds
before the Champion will be crowned. Currently the odds are three to one. Any
guesses where I placed my wager?
How is the procedure for this not already clearly spelled out in the state codes
and laws? You would think the legislature would have created a replacement plan
for any of these situations decades ago since a current representative could
retire or die at any time of the year and not just when legislature is in
session or right before a general election.
I bet he is not going to sleep on a cot in his office to save taxpayers hard
earned money. Fox equals payoff for fighting Hillary for almost 5-years of Fox
I usually do not see eye2eye with Herbie. On this he is totally correct.
Either Hughes or Neider... want this given to them. They know they would never
win the rep seat in an election, especially right now. The district
3 seat belongs to the PEOPLE and not to paid for delegates and the deals behind
closed doors to get their vote.
Regardless of the method finally decided upon, a rule should be in place for all
such situations. If a current office-holder resigns for reasons other than
death, serious health issue (verified), or appointment to higher office, then
he/she should have to fund any expenses associated with replacing him/her. I
like Chaffetz, but his decision to renege on his commitment to serve the people
is costing those same people in taxpayer dollars. Jason, "I want to go
home" won't do. Do the right thing and pay up.
The state constitution is quite clear. I just can't understand the problem
the Utah GOP keeps having. In the past, they never seem to have these issues but
of course, in the past, they were not such a greedy and selfish group of
power-hungry people. It seems like they are trying to take all the power for
the party oligarchs and leave nothing to the people.
I was frustrated with Herbert until I realized the path he was taking. Having
the election with the municipal elections is good. I just hope that the
legislature will eventually pass a bill like the Senate version that requires
that special elections follow the same rules as regular elections (aside from
With SB54 passage and signing by the Governor several years ago on the election
process, the Utah Republican Party filed a lawsuit on that which isn't
settled.The Utah GOP has annual meeting tomorrow with a chairman
election that could throw a wrench into either process the Governor or
Legislature wants. The Utah GOP, even though they are supposedly
the same Party are like they have Party differences, and not just in
leadership.Mitt Romney warned Utahns and the nation about the
current United States of America's President's behavior and ethics a
year ago, but we still gave all electoral votes to the President in his quest
for power and authority.Even though Representative Chaffetz has
served from the Tea Party time, he campaigned as a Republican and now is leaving
when the President's Republican Party affiliation is not what the party
stands for.Representative Chaffetz appears to be wanting to avoid
his chairmanship responsibilities on the Oversight during a GOP crisis.
What is Neiderhauser afraid of? You don't change the law in the middle of
an election! And so what if Congressman Chaffetz wants to go get a job at Fox!
It's none of our business, and certainly none of Niederhauser's. Is
Neiderhauser Jealous? Certainly appears like it.Perhaps it's time for
Neiderhauser to retire from government like Chaffetz since it appears to have
gone to his head. Isn't there someone else from his district who can fill
Jason Chaffetz's early departure has caused a "fire storm" of
politics in our state of Utah. It's too bad he didn't just suck it up
and finish the rest of his term. Now, we have a bigger mess on our hands! I have lost some respect for him in not being able to support President
Trump's agenda. He wasn't the Republican leader I thought him to be.
He should have held on, supported our President, done his job, and then left
quietly. He should have known that the media, the Dems, and his own party would
blow this whole thing up and make even bigger headlines!God bless
America through these turbulent times, and God bless our President!
Being out-of-state I shouldn't weigh in on the process but I will say that
getting it done at moderate expense sounds right.For me, a member of
Congress resigning for a more lucrative and fame gaining career rather than
finishing out his term does not seem very honorable. In this case, Utah will be
short a representative for several months, not to mention no longer having the
advantage of having a very powerful committee chairman from the state in the
middle of a controversial year.There are some here who seem perennially
in love with representative Chaffetz. I can't say I feel the same way but
I understand that one could admire him for his ability to seize opportunities
without excess regard for morality in those situations
The people of the third district should have a voice in the matter. It's
time for more transparency, not less.
We, the good people of Utah, have given the Republican Party impunity, so why
are we surprised? The Governor's position is fair and correct, but that
Very well stated "crmeatball-South Jordan." It's time for Sen.
Niederhauser to back off. The Governor is correct and this vote should be taken
by the people of the 3rd District.
As someone who leans Republican, I have absolutely HAD it with the entitled
attitude of many of the GOP leadership and such. Why are they so afraid of
letting regular folks vote? This along with their stupid lawsuit against
"Count the Vote" have left many conservative voters like myself with a
bad taste in our mouths. Give the PEOPLE (not GOP stooges) the choice on who to
elect. Thank you Mr. Governor for standing up for the people's right to
I 100% agree with the Governor here. A special election is legal and gives the
choice to the people of the 3rd District, as the power belongs to no other. The
legislature already looked at this (in the most recent session no less) and took
a pass. Now, they want to jump in because the UT GOP is determined to control
the election. I have been a Republican my entire life (and a delegate here in
UT), yet upon moving here to UT, I cannot seem to not be frustrated with the way
the GOP insists on running things here. Sen. Niederhauser, you can't have
it both ways. You can't claim to represent the people's interests and
act the opposite when required. Too many people want this to be a special
election. Additionally, to claim offense regarding Rep.
Chaffetz's reasons is appalling. I would hope he leaves to something
lucrative. Aren't we all looking to succeed? The GOP claims on one hand to
support free enterprise and the free market, as well as limiting how long one
serves in govt, yet once someone actually behaves that way, they take offense?
It's appalling. Unfortunately, what Will Rogers said is true - The only
reason to be a Republican is Democrats.
Perhaps elected officials quitting the job should bear the cost of the special
election to replace them. After all, if Chaffetz thinks a seat in
Congress shouldn't be a lifetime deal, shouldn't the same hold true
for a Congressional pension?
Despite pressure, Gov. Herbert says no to special session on Chaffetz vacancy====== Despite pressure, Gov. Herbert MUST obey the
United States Constitution, as well as the state of Utah Constitution.both specifically say that all offices may be temporarily filled by
appointment, with the only exception being the "House of
Representatives" which MUST be elected by the people, and that does
not mean party or caucus delegates.Without changing the
Constitutions, including the United States Constitution -- Hebert
and Greg Hughes have absolutely NO other choice in the matter.
Special Election versus Special Session - Perhaps a variation of both a special
session and special election. The two parties (Democratic and Republican) each
hold a special session to choose by a majority of their party a candidate to
place on the ballot, then a special election to choose between the two. A 180 day special election cycle, potential candidates canvasing for
petitions, then a run-off vote of who knows how many candidates, then a final
vote on the whittled down candidates. That means 6 months or more of Utah
missing representation in congress, especially critical in this tumultuous time.
Let the two parties pick their best candidate and then let the
people vote, should be doable in much less time, maybe even by June 30th.
I think the Governor is correct on this.
Thank you Governor Herbert for allowing a real election to take place.
I'm pleased the Guv is standing up to the Legislature. We do not need a
special session. We need to allow people, not delegates, to choose the next
Congressman. And, we need to allow candidates to use the signature-gathering
process to get on the ballot. Good for the gov for doing what is in
Utah's best interest.
So when will Chaffetz be replaced?
"Chaffetz's departure, rumored for a lucrative broadcasting deal with
Fox News, has riled some GOP lawmakers who are angry that a possible quest for
money is putting the party in such an untenable position."That is
exactly why people join the GOP and run for office, to become a lot more
wealthy.I'm grateful the governor isn't just handing that
position to Greg Hughes who would undoubtedly use it to give himself Bears Ears