Lawmaker fires warning over process for replacing Chaffetz

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  • Fitz Salt Lake City, UT
    May 19, 2017 4:19 p.m.

    @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.

  • Mike Richards South Jordan, Utah
    May 19, 2017 2:44 p.m.

    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.

  • Fitz Salt Lake City, UT
    May 19, 2017 1:12 p.m.

    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.

  • oaklandaforlife SLC, UT
    May 19, 2017 1:00 p.m.

    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?

  • james d. morrison Sandy, UT
    May 19, 2017 9:25 a.m.

    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.

  • JWB Kaysville, UT
    May 19, 2017 9:02 a.m.

    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 News Reporting.

  • itswhatithink West Jordan, UT
    May 19, 2017 8:24 a.m.

    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.

  • followhim Provo, UT
    May 19, 2017 8:14 a.m.

    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.

  • Kings Court Alpine, UT
    May 19, 2017 8:01 a.m.

    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.

  • DavidMiller Bountiful, UT
    May 19, 2017 7:56 a.m.

    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 the timeline).

  • JWB Kaysville, UT
    May 19, 2017 7:53 a.m.

    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.

  • C J Alpine, UT
    May 19, 2017 7:00 a.m.

    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 his shoes?

  • BYUalum South Jordan, UT
    May 19, 2017 5:13 a.m.

    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!

  • Bob K Davis, CA
    May 19, 2017 1:45 a.m.

    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

  • IceCreamGhost Sandy, UT
    May 19, 2017 12:11 a.m.

    The people of the third district should have a voice in the matter. It's time for more transparency, not less.

  • EDM Castle Valley, Utah
    May 18, 2017 11:21 p.m.

    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 matters not.

  • Boyd in Provo , 00
    May 18, 2017 10:32 p.m.

    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.

  • Cool Cat Cosmo Payson, UT
    May 18, 2017 9:44 p.m.

    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 choose.

  • crmeatball South Jordan, UT
    May 18, 2017 7:12 p.m.

    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.

  • SAS Sandy, UT
    May 18, 2017 4:08 p.m.

    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?

  • airnaut Everett, 00
    May 18, 2017 3:43 p.m.

    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.

  • bjutah American Fork, UT
    May 18, 2017 2:03 p.m.

    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.

  • Esquire Springville, UT
    May 18, 2017 1:31 p.m.

    I think the Governor is correct on this.

  • InformedUT Provo, UT
    May 18, 2017 1:29 p.m.

    Thank you Governor Herbert for allowing a real election to take place.

  • humbug Syracuse/Davis, UT
    May 18, 2017 1:29 p.m.

    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.

  • OregonGirl Kaysville, UT
    May 18, 2017 1:00 p.m.

    So when will Chaffetz be replaced?

  • Ernest T. Bass Bountiful, UT
    May 18, 2017 12:46 p.m.

    "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 Monument.