The man who unseated Utah County's strongest Democrat from the Utah Senate had to choose last week between his job and politics. He chose politics.
Republican Robert Muhlestein, who defeated incumbent Democrat Eldon Money by 142 votes for the seat representing District 17, resigned as a caseworker for the Utah Department of Human Services just four days before the election.Muhlestein, 30, left his job of more than four years after state personnel officials informed him that the federal Hatch Act prohibits him from working for the state and serving as a state lawmaker. The Hatch Act prohibits those whose jobs are federally funded from holding a partisan political office. Randy Ripplinger, a spokesman for the Department of Human Services, said Muhlestein's job was a federally funded position.
Muhlestein plans to go into business operating retirement homes in Ephraim and Mapleton, and he likely would have eventually quit his job anyway. The Deseret News was unable to contact Muhlestein for comment.
Money, who was seeking his fifth term, knew about the conflict several weeks ago but decided not to make an issue of it during the campaign. He said Thursday that he doesn't plan to make an issue of it now that the election is over. However, the Utah Democratic Party said Muhlestein should have resolved the conflict earlier in the race.
"There's probably not much that can be done about it now, but it's still worth the public knowing about," said Todd Taylor, state Democratic Party executive director.
In July, Democrat Marc Hoenig withdrew from the race for a Holladay seat in the Utah House when he learned that the Hatch Act prevented him from serving. Hoenig is not a federal or state employee, but he works for Centro de la Familia de Utah, a program receiving federal funds.
With Rep. Tim Moran, D-Spanish Fork, retiring and Money losing, Utah County has no representation from the Democratic Party. The Democrats are a little bitter and say residents will suffer.
"I think the public loses when there's no counterbalance," Utah Democratic Party Chairman Mike Zuhl said.
Money himself is a little unhappy with the way Republicans attacked him. He said Republicans unfairly tried to align him with President Clinton on the national park issue, an issue that upset many Utahns.
"They tagged me with Clinton when I was right there in a conference call to the White House saying we didn't like what he was doing," Money said. "I've always said that the federal government doesn't have any business owning land in Utah."
Money also says campaign pamphlets distributed by Muhlestein contained inaccurate information about his voting record. The literature said Money voted against eight bills that he actually voted in favor of. In fact, even though Money is a Democrat, he often voted with Republicans.
Of the 44 precincts in District 17, Money won 26. However, he only came out ahead in one precinct north of Spanish Fork.
"To me he was a victim of straight Republican voting," Zuhl said.
The vote tally shows that about 20 voters in each precinct skipped casting a ballot in the District 17 race. Money is concerned that this indicates an error was made in the counting process. According to state law, however, he can't ask for a recount unless the count of absentee ballots brings him to within 44 votes of Muhlestein.
Utah County Clerk Bruce Peacock said the ballots were checked thoroughly and the county didn't have the same problem experienced by Salt Lake County, where half-punched election cards were sent through the processor. Peacock said voters commonly refrain from casting ballots in certain races.
"As far as I can tell, our numbers are accurate," Peacock said. "Unless he alleges fraud or gross error on our part, there is no recount."