Count My Vote or Blank Check Vote

Updated based on current version.

Whether or not you agree that the caucus and convention system which did NOT favor the incumbent, wealthy or famous, as being a good thing, the New Count My Vote 2.1 is worse.
 
Currently you can at least watch what your legislator does during the session and if you don't like it, you can either run or help someone run against them by filing after the session ends.

CMV 2.1 changes the deadline to be selected by the party OR to submit signatures by the first business day after March 1st., lines 469, 476). (worse than CMV2.0)

They are saying we have to have the caucus and county and state party conventions during February, when the Utah Legislature is meeting!

This takes away part of the accountability of these elected officials.

Most of the bills will pass after the new proposed filing deadline and it will take time prior to qualify and so it would be two years until you have a chance to hold your State Representative accountable or perhaps four years for your State Senator or Governor depending on their end of term.

So much for accountability to the people. Is this initiative is written to protect incumbents?

Do we call this Count My Vote or Blank Check Vote?

https://elections.utah.gov/Media/Default/2018%20Election/Initiatives/Count%20My%20Vote%20Addendum.pdf

What is the major problem technically? 

The new CMV2 violates the Utah Constitution Art VI sec 1, (2) (a) (i) (B ) for lines 97 to 107.

IF they CAN constitutionally combine an initiative and a referendum of advance legislation, which the constitution has as separate powers and the state law has different requirements for, the state constitution is very clear a referendum can not repeal bills passed by a 2/3 vote of both legislative houses. This is written to include repeal of those, even before they exist, violating the part of the State Constitution they are using to create CMV2. 

Other major problems?

While it will cost less to get on the primary ballot under CMV2, it will cost a lot more to actually run and win elections making lobbyists and corporations, or the wealthy and famous even more powerful in elections.

There are no geographical requirements for signatures within a district or state so the potential of fly over counties and cities and area becomes much worse.

What should Count My Vote 2.1 actually change?

IF they really want to change elections, they should get rid of straight party voting as people can now get on the general election ballot as an unaffiliated candidate with signatures bypassing the political parties, and have been able to for many years. They just have a harder time wining with straight party voting. CMV2 does nothing to help unaffiliated voters. That would.

The next thing they should look at is Ranked Choice Voting and not the expensive run off primaries that are part of CMV2, that have poor voter turnout and cost millions each election.

Ranked Choice voting Video

Don't sign their initiative. It makes elections worse and not better.  

Count My Vote or Blank Check Vote

So the Incumbent protection for the Utah Legislature and Governor is in the Count My Vote?

Currently you can at least watch what your legislator does during the session and if you don't like it, you can either run or help someone run against them by filing after the session ends. (March 1st, Line number 321).

This takes away part of the accountability of these elected officials.

Most of the bills will pass after the new proposed filing deadline and so it would be two years until you have a chance to hold your State Representative accountable or perhaps four years for your State Senator or Governor depending on their end of term.

So much for accountability to the people. Is this initiative is written to protect incumbents?

Do we call this Count My Vote or Blank Check Vote?

https://elections.utah.gov/Media/Default/2018%20Election/Initiatives/Count%20My%20Vote%20Application.pdf

Is this the only problems?

No, there is a typo on line 95, with a reference that isn't correct. How many other errors are there in this initiative? It clearly isn't ready.

What is the major problem technically? 

The new CMV2 violates the Utah Constitution Art VI sec 1, (2) (a) (i) (B ) for lines 88 to 95.

IF they CAN constitutionally combine an initiative and a referendum of advance legislation, which the constitution has as separate powers and the state law has different requirements for, the state constitution is very clear a referendum can not repeal bills passed by a 2/3 vote of both legislative houses. This is written to include repeal of those, even before they exist, violating the part of the State Constitution they are using to create CMV2. 

Other major problems?

While it will cost less to get on the primary ballot under CMV2, it will cost a lot more to actually run and win elections making lobbyists and corporations, or the wealthy and famous even more powerful in elections.

There are no geographical requirements for signatures within a district or state so the potential of fly over counties and cities and area becomes much worse.

What should Count My Vote 2 actually change?

IF they really want to change elections, they should get rid of straight party voting as people can now get on the general election ballot as an unaffiliated candidate with signatures bypassing the political parties, and have been able to for many years. They just have a harder time wining with straight party voting. CMV2 does nothing to help unaffiliated voters. That would.

The next thing they should look at is Ranked Choice Voting and not the expensive run off primaries that are part of CMV2, that have poor voter turnout and cost millions each election.

Ranked Choice voting Video

Don't sign their initiative. It makes elections worse and not better.

We do Not need the Buy My Ballot Spot system

We never needed the Buy My Ballot Spot (2014 SB 54) for someone to get on the ballot if they didn't want to go though the parties. Just get 300 signatures from their friends or 1000 signatures for a state wide race and go directly to the General Election as an Unaffiliated Candidate.

The Buy My Ballot Spot with paid signature gatherers favors the rich and famous. Why do they need State Mandated help?


My Poll Results from respondents. Survey was sent to all active voters in House District 30 in West Valley City in January 2016 (not just one party)

A federal judge has ruled that a portion of the law that passed in 2014, SB 54 Elections Amendments, is not constitutional for two political parties, the Utah Republican and the Utah Constitution parties. This part of the law requires the political parties allow voters who were not members of their party to select their party’s nominee. Because of that ruling, candidates of the Utah Constitution Party cannot use the optional signature route to get on the party primary ballot. (They don’t have enough members). They are OK with the ruling because they didn’t want the State telling their Party how to select its nominees.

Voters can only sign one candidate petition per race but might be able to sign a form to remove their signature, if they act fast enough, and sign someone else’s petition.

In some areas of the State, there are not enough registered Republican Party voters to make the signature party nominee route fair. Candidates using the signature route likely will have to register to do so prior to the legislative session and then all candidates will register after the legislative session. If someone decides to run for Party Nominee after the legislative session, there is almost no time to gather signatures.

The Utah Republican Party, who wasn’t part of the “compromise” is still contesting the law in court. A special legislative session to fix the law based on the court ruling was not called by the Governor.

30% The legislature should provide minor fixes of the current election law and see what happens in 2016.

53% The legislature should repeal this petition law because the court’s ruling has caused the law to become unfair to some candidates in some political parties.

17% It is too late for the legislature to do anything this election year, but I will not be signing any signature party nominee petitions this year.

(Disclaimer, I have personally fought the signature party nominee route because I believe it favors the incumbents, the rich and the famous. While I [was] an incumbent and plan on running for [election] after the legislative session though the neighborhood caucus and convention system, I am NOT also using the signature route because I do not believe that route is fair).

Is the Signature Party Nominee Route Fair

A recent article in the Salt Lake Tribune asks some questions about the new election law.

http://www.sltrib.com/home/3369406-155/some-utah-republicans-face-huge-hurdles?fullpage=1

 I don't mind talking to thousands of people at their door, but if it is going to take too many hours for one person to do that in the few weeks that are available to get the signatures, and that time is primarily during the legislative session, I would rather a legislator spend the time reading bills that they would be voting on and having town hall meetings than doing the signature route.


A federal judge has ruled that a portion of the law that passed in 2014, SB 54 Elections Amendments, is not constitutional for two political parties, the Utah Republican and the Utah Constitution parties. This part of the law requires the political parties allow voters who were not members of their party to select their party’s nominee. Because of that ruling, candidates of the Utah Constitution Party cannot use the optional signature route to get on the party primary ballot. (They don’t have enough members). They are OK with the ruling because they didn’t want the State telling their Party how to select its nominees.

Voters can only sign one candidate petition per race but might be able to sign a form to remove their signature, if they act fast enough, and sign someone else’s petition.

In some areas of the State, there are not enough registered Republican Party voters to make the signature party nominee route fair. Candidates using the signature route likely will have to register to do so prior to the legislative session and then all candidates will register after the legislative session. If someone decides to run for Party Nominee after the legislative session, there is almost no time to gather signatures.

The Utah Republican Party, who wasn’t part of the “compromise” is still contesting the law in court. A special legislative session to fix the law based on the court ruling was not called by the Governor 
I have personally fought the signature party nominee route because I believe it favors the incumbents, the rich and the famous. While I am now an incumbent and plan on running for re-election after the legislative session though the neighborhood caucus and convention system, I am not also using the signature route because I do not believe that route is fair.

2015 HB 281 Revisions to Elections Law

2015 H.B. 281 Revisions to Elections Law
(See also S.B. 43)
An effective delay for two years. It leaves the "compromise" intact.


http://le.utah.gov/~2015/bills/static/HB0281.html

SB 43 and an identical piece in the house HB 281 doesn't change the deal. It just provides more time. It leaves 2014 SB 54 in place.

Count My Vote demanded that the Utah GOP needed to deal with Fire Fighters and Doctors and Mom's with sick kids being able to vote at our GOP neighborhood caucus night. If you remember their initial press conference, that was their focus.

It took longer than Count My Vote wanted to but at least the Utah GOP did fix it so the Fire Fighters and Doctors and Mom's with sick kids were able to vote at our GOP neighborhood caucus night, if their schedule didn't allow attending in person.

Why is more time needed? Not only is there a current lawsuit where this will allow time for it to play out it will allow time for the parties to respond to that decision.

2014 SB54 passed less than one year ago demands the Parties change the way delegates can vote at convention, or , as I read it, requires them to double the number of seats, with the backup delegate there just in case, and to have all 29 counties and state conventions in less than 2 weeks.

Not only that, but SB54 includes at least one item Count My Vote didn't because of constitution questions.

Providing time for the court to find out "where is the line" and provide the parties time to see if is even possible to deal with 2014 SB 54 at the county and state levels is smart.

A Resolution Declaring the Count My Vote Initiative A Violation of First Amendment Freedoms

A Resolution Declaring the "Count My Vote" Initiative
A Violation of First Amendment Freedoms

WHEREAS, The Count My Vote initiative seeks to eliminate the process that was chosen by the political parties in Utah to select the candidates that best represent them; and,

WHEREAS, The Utah Republican Party has free association rights guaranteed under the Constitution; which entitles political parties to determine how they select their nominees for office; and,

WHEREAS, The state of Utah can regulate the free exercise of political rights only if it satisfies a compelling state interest that is narrowly defined; and,

WHEREAS, The burden will be on the state of Utah to prove they have a compelling interest that mandates significant interference with the autonomy and choice of all political parties in Utah; and,

WHEREAS, The Supreme Court has shown great deference in respecting how political parties exercise their First Amendment rights in the candidate selection process; and,

WHEREAS, The citizen initiative process does not allow for the trampling of Constitutional freedoms, regardless of how many signatures are obtained;

BE IT RESOLVED, That the Central Committee of the Utah Republican Party believes the Count My Vote initiative violates the right of free association guaranteed in the First Amendment.

BE IT FURTHER RESOLVED, That regardless of how well intentioned, we stand against all government overreach and control that violates our shared Constitutional freedoms.

Submitted by Aaron Gabrielson
March 1, 2014

This Resolution Passed the Utah Republican State Central Committee with no votes against on March 1, 2014