Al Jackson is my new state senator, subject to the final (and likely pro forma) approval of Gov. Gary Herbert. Like nearly all of the people in Senate District 14, I don't know him and have never even heard of him. He did not publicly campaign for the office. I have never seen his name on a ballot. I had no voice in whether he was selected or not. Indeed, less than 300 people participated in that decision. Yet, he will represent me and 77,000 other constituents for the next two years.
Is this republican government? A republic is a representative democracy where the citizens choose who represents them. The whole idea of representation breaks down when people don't actually get to do the choosing. That was the case here, and it was not the first time. Since I have lived in Utah, two of the three state senators representing my area came into office that way. As well, three of the five state representatives in my district were initial appointments.
This is true for other districts in Utah, as well. In fact, seven of the current 29 senators were initially appointed, as were 17 of the 75 state representatives. That means 24 percent of our current state senators and 22 percent of our current state representatives came into office through appointment. By comparison, only five percent of all current U.S. senators took office through appointment rather than election. (U.S. House members are replaced through special elections.)
Occasionally, the cause of a vacancy is the death of a sitting representative or an appointment to another office. But most often resigning is a tool used by representatives and senators to give their successors incumbent status before the next election. That should not be.
Advocates of the current system argue it is representative: When that small number of delegates meets in convention, they are representing the rest of the voters in the district. Yet, that argument is fallacious. The representative function already occurs in the sense that voters choose a representative. But it becomes diluted when representatives then choose representatives. The voters are then removed from the process of directly choosing those who vote on policy in their behalf.
Moreover, this system is far from representative. It would be one thing if voters as a whole actually chose the individuals who selected representatives to fill vacancies. But that isn’t how it happens. These “representatives” are delegates who belong to one political party. In most cases, that political party membership, even if it is Republican, constitutes a minority of the registered voters in the district. Delegates are chosen at caucuses where only party members are allowed to participate. Moreover, few other voters are consulted about who they think the delegate should select.
The problem is the law on filling legislative vacancies. It currently removes voters from the process of choosing their own representatives. It retains power for political parties but takes it away from those who actually are being represented.
The solution is a special election. A special election should be held for each vacancy, unless it occurs within 90 days of the next general election. Only in that case should there be an appointment. Even then, the appointment would only be until the general election.
Revising the law would create actual campaigns for the office. Candidates would need to reach out to voters to gain their support. Voters would be able to choose who they wish to represent them.
There is considerable angst over the lack of voter turnout in Utah. Utah has gone from No. 1 in the nation in voter turnout in 1968 to third lowest in 2014. Yet, it is easy to see why voters feel apathetic when their ability to choose their own representatives is denied them.
Those political leaders who support the current insider-driven, party-centered process of filling vacancies should explain to voters why the voters’ power to select their own representatives is denied them. If they are unwilling to do so, then they should throw it out and replace it with a process that fits the republican government they loudly proclaim they support.
Richard Davis is a professor of political science at Brigham Young University. His opinions do not necessarily reflect those of BYU.