Monday, November 30, 2015

Elections and March 22

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 22.


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 thousands.

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 that night.

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 caucus night.

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
House 30
West Valley City, UT 84120