Letter from Vice Chair Enid Green Regarding House District 62 Appointment
UTAH REPUBLICAN PARTY
January 4, 2007
Dear Utah Republican Party County Chairmen, You are probably aware of an issue that has arisen in connection with filling the vacancy of House District 62 following the resignation of Rep. Jeff Alexander. I am writing to you to explain how this situation came about, how we resolved it, and enlist your help to make certain that this situation never occurs again.
The Utah County Republican Party held a duly-noticed convention for House District 62 on Tuesday evening, January 2, 2007. All convention actions were taken in accordance with the Utah County Constitution and Bylaws. Those bylaws contain a provision that states that if no candidate in a multi-candidate race receives at least 60% of the vote, then “the two final candidates shall be declared the party’s nominees to run at the Primary Election.” Bylaws Section 8 D. 2 f. iv. (emphasis added). Since one final candidate received 37 votes and the other received 36 votes, the chairwoman of Utah County forwarded both names to the State Party for submission to the Governor. This was in accordance with past practices, in which the Governor made the final determination on filling the vacancy by choosing between the two names submitted. Both candidates in the current circumstance, as well as numerous elected officials and party officers present at the convention, have affirmed to me personally that they though this was the current, applicable rule. However, in 2004, the Legislature amended the applicable portion of the election code as follows: “(2) When a vacancy occurs for any reason in the office of representative in the Legislature, the governor shall fill the vacancy by immediately appointing the person whose name was submitted by the party liaison of the same political party as the prior representative.” Utah Code Ann. Sec. 20A-1-503 (emphasis added.) By statute, as acting chair of the State Party, I am the political liaison of our party to the Governor’s office.
Therefore, I have a legal duty to transmit only one name to the Governor, and he is legally bound not to accept more than one name. Unfortunately, we now have a situation in which I am legally required to submit one name, and the County Party Bylaws require the county to submit two names to the state party. In determining how to resolve this situation, I have consulted extensively with a number of state elected officeholders and county party officials. Returning the issue to Utah County for a new District 62 convention is unworkable because the bylaws would still require two names to be forwarded if no single candidate receives 60% or more. Amending the Utah County bylaws requires notice and action by multiple bodies, and would take at least 35 days, leaving District 62 unrepresented for a major part of the Legislative session, which begins on January 15, 2007. Had this vacancy occurred, during the session, state law provides for the vacancy to be filled within 24 hours, which demonstrates the strong public policy aversion to leaving any group of people unrepresented for even the shortest amount of time. I received a letter from the Utah County Chairman and Treasurer, stating in part:: “Since our bylaws are in conflict with {state} statute we are asking the State Party Liaison to the Governor to reconcile this conflict and send one name to the Governor.” After much thought and consultation, I have determined to agree to this request and will be announcing today which name I will forward to the Governor. This is where I need your prompt attention and help. This is a decision I did not wish to make, but felt obligated to make in view of the above circumstances. It is a situation I wish never to repeat.
Therefore, I am asking you to carefully review your county constitutions and bylaws to ensure that you have a provision for allowing your county to submit only one name to the State Party to fill legislative vacancies. From today forward, the State Party office will not accept more than one name to forward to the Governor. I want to thank the candidates for the statesman-like manner in which they have conducted themselves to this point. All involved have recognized that this was an innocent error, and have worked diligently in resolving this matter in the fairest way possible. If you need any suggested language to amend your bylaws to conform to the new state statute, please let me know and I will make certain that it is provided to you. Thank you for all of the great work you do on behalf of our party and State.
Sincerely, Enid Greene Vice-chair
CC: Utah Republican Party State Central Committee
