This has two responses I sent out Nov. 23, 2015 re: the questions about elections for 2016:
When you stick a knife into a well crafted sweater, it starts to
unravel. (Whether or not you liked the sweater, isn't the point).
There are several other issues.
See Robert Gerhke for a few of them.
In my opinion, several decisions the Lt. Gov. has issued this week
based on the advice of the AG (office) are in direct conflict with the
judge's judgement, and statements from the AG in court.
Below is based on my understanding.
First, IF a QPP must allow all 3 options (Caucus/Convention,
Signature, or both) that doesn't match Fact 14 from the judgement based
on #12 from the state AG.
Second, It also doesn't match the ruling that the constitution party
can be a QPP as they can't do the signatures as the law currently reads
with the judgment and the signature route was only declared
constitutional if the unaffiliated were not allowed per the judgement if
they didn't want them.
Third, based on the ruling, it is the opinion of the Lt. Gov. that
the Democratic party can't have the unaffiliated as part of a primary.
That violates the idea that the party gets to choose.
[The judge came back and said the ruling only effected the GOP and Constitution Parties. That raises another question. ]
Fourth, the judge made it clear that the GOP could determine
membership and based on the judges judgement and list of facts, the GOP
can be a QPP.
Fifth, as stated above, the QPP signature gathering numbers restrict
signature gathering by some parties in some or all areas/races.
It is true that James Evans said this last week that the party
wouldn't have any issue if someone gathered signatures for grassroots or
other reasons, they just couldn't get on the ballot with them, they had
to follow the convention threshold requirements to get on the ballot.
We already have a congressional member/candidate that has announced he
isn't doing signatures and he isn't alone.
If the QPP sweater has unraveled enough that only a RPP is allowed,
there are other constitutional issues that were not covered before
because a party had a choice between and QPP and RPP. At least one of
those items left a former Utah Supreme Court justice to say during the
race to replace the former AG that it raised a strong constitution
concern based on the US Constitution. Many of the flaws of the RPP/CMV
option were fixed with 2015 SB 207 this year, but not all.
The bill I had drafted for 2015 that ran in both the house and senate
and went to standing committees and passed a senate committee delaying
implementation of a signature requirement for a QPP until 2018 wasn't
"ripe" yet. It didn't pass last session. Perhaps it is time now.
PS, this is what I sent to my school district contact and the state
school district contact. I thought you should know. it deals with March
Count My Vote's
(CMV's) biggest complaint at their press conference was the doctor or
police or firefighter or parent with sick kids not being able to come to
their neighborhood caucus night. The SCC passed the same day ballot
system to help with that.
While the Utah GOP
meetings had well in excess of 115,000 attendees in 2012, it is likely
that the attendance in 2016 will exceed that. It should. So should the
Democratic party attendees which is likely to also exceed tens of
The fact is that our POTUS is nominated by national delegates
elected by state delegates as it was in 2008, 2012 and will be in 2016.
CMV did do nothing to change that, and the 2014 SB 54 as fixed by 2015
SB 207 did not effect the US President races re: the delegate system.
In Utah, the first
round of voting, the delegates votes are bound, the other rounds they
are not. In the past the first round vote was decided by the June
Primary. It is too late for the parties this year and so the decision
was made by the parties to decide their nominee in March at or around
their neighborhood caucus meeting. The GOP typically has a winner take
all system for their delegates. Not so this year if the top votegetter
doesn't get a majority. The GOP will have some online POTUS preference
voting available, but the precinct leaders and delegates will be chosen
It is my
opinion, any school concert, sports event or fencing class on March 22
2016 is a disservice to the citizens of this state, nation and world, as
that will be where we really decide who our POTUS will be.
Not only will
the state delegates that pick the national delegates be voted on, but
the POTUS nominee preference vote will be that night as well. There will
likely be a push from POTUS candidates to get their base to the
neighborhood caucus night on March 22nd.
On Saturday, at the GOP State central committee the two districts
that were mentioned to complain to the Governor about was [...]. It has been known since last March 2015 that the POTUS
nomination would not be decided in June but in March. The 22nd. (some
online voting for the POTUS nomination will occur)
In the case of Salt Lake County GOP, the Vice Chair of the party also
provided the specific request for the schools on March 22 within the
first week of school this year. As far as I know, none of the High
Schools came back as available. That is rubbish. There shouldn't be
anything else happening that night. I worked hard to get both of the
major parties on the same day.
I will bring this up on Dec. 7th at the state school district
meeting. It is my hope that this is solved this week and we don't have
to wait until then.
We still are getting some districts around the state that are
reportedly taking advantage of the parties, according to state law, re:
the cost and availability of getting the schools for the neighborhood
Several legislators have been contacted to open bill files to amend
the law to be more clear. The Governor is on board to talk to the state
school board. Depending on what the districts do the next couple of
weeks, that may not be required.
Since much of the budget for the 2016 session will be decided by Dec.
16 of this year, if the schools want part of the $3 Million of savings
we have for not having a special US presidential election, to help with
the funding of the neighborhood caucus night, they would have to show
they were actually helping instead of hurting. The schools promote that
they are community centers. They should act like it.
Fred C. Cox
West Valley City, UT 84120