The Republican Party has filed a lawsuit challenging the constitutionality of SB54 — the compromise legislation agreed to by supporters of Count My Vote (CMV) and legislators who wanted to preserve the caucus/convention system. The law allows a candidate to win a primary election ballot spot by gathering a sufficient number of registered voter signatures, or by winning enough delegate votes in the state convention.
SB54 was passed by the 2014 Republican Legislature, signed by a Republican governor, and will be defended by a Republican attorney general and lieutenant governor. So why would the Republican Party challenge a bill supported by its own elected leaders?
Pignanelli: "The opposing party rarely causes so much angst as does one's own." — Dick Morris
This is not an ideological dispute — it is all about raw political power. (The low policy factor of this controversy is inversely correlated to a high entertainment value.) Special-interest organizations enjoyed the extraordinary influence the delegate system awards them in both parties — explaining why Republican and Democrat party leadership opposed Count My Vote.
The compromise legislation was borne out of fear. CMV supporters were nervous that the necessary signatures could not be attained by the deadline and lawmakers were anxious the well-funded measure would be on the ballot — causing major headaches for candidates. Sen. Curt Bramble artfully crafted a solution that satisfied CMV demands (Gov. Gary Herbert threatened a veto if it did not) while maintaining a role for delegates. Activists were enraged with the result and threatened retribution. But few, if any, lawmakers lost re-election because of the legislation. Thus, the only recourse for the disgruntled convention militants was the courts.
Politicos are scratching their heads why party officials are leading this charge and not a coalition of citizens.
Webb: The party filed the lawsuit because it is mostly controlled by “grass-roots activists” and not by mainstream Republicans. As a “mainstreamer” (I’d carry a card if someone would print one) who has been active in the CMV effort, I admit it is our own fault that the hard-core activists, despite being a minority within the party, essentially control the party.
Utah is a center-right state, populated mostly by mainstream people who are not obsessed with politics and who don’t care to spend endless painful hours debating esoteric party rules and procedures, and being attacked because they are not ideologically pure. So they don’t usually run for positions within the party structure, like the state and county central committees.
That leaves the grass-roots activists controlling the party’s inner workings, where they can demand action against SB54, take far-right positions on issues, and determine the party nominees. The lawsuit is ultimately about who controls the election process — party activists or general voters.
Through Count My Vote and SB54, mainstream Republicans are attempting to open the political process to all voters. Party activists obviously don’t want to relinquish that power.
Will this action taken by the state GOP create a schism within the party?
Pignanelli: Party officials should hope the lawsuit is resolved quickly. Otherwise, over time mainstream Republicans will become increasingly offended that resources are utilized for an objective that they — and most Utahns — do not support. They will not shout their hostility but will quietly steer donations to other places. Thus, an internal divide will develop.
Lawsuit supporters have a legitimate beef that government should not be interfering in party matters. Yet they ignore that the Republican Central Committee rejected requests by the CMV effort for minimal changes. The litigation is enhancing these hard feelings on both sides and will further contribute to fracturing.
At least this hullabaloo provides the only fun Democrats will have next year.
Webb: The GOP is so dominant in Utah that schisms already exist. But this lawsuit brings the activist/mainstream divide into stark relief. As a private entity, the party certainly has the right to file a lawsuit. But mainstream Republicans have the option to stop supporting the party financially. They can contribute directly to candidates and issues they support.
CMV must now continue to raise money to help defend SB54, both in the lawsuit and potentially in the 2015 legislative session. By turning too far to the right, the party is in danger of marginalizing itself.
Will the battle over SB54 and Count My Vote spill into the 2015 legislative session?
Pignanelli: A minority of delegates may express anger to the Legislature. In response, some lawmakers will express support for the lawsuit and sympathy with delegates on key issues. Others will develop a re-election strategy to work around delegate participation. Notwithstanding these activities, legislative deliberations will experience minor wrinkles from the lawsuit.
Webb: Clearly, some legislators will attempt to repeal SB54 or change it so delegates maintain complete power. This could turn into a massive legislative battle between activists and mainstream Republicans. I’m hopeful cooler heads will prevail and lawmakers will allow SB54 to operate for a few election cycles. Tweaks may eventually be needed, but the law is solid. Let’s allow it to work.
Republican LaVarr Webb is a political consultant and lobbyist. Previously he was policy deputy to Gov. Mike Leavitt and Deseret News managing editor. Email: lwebb@exoro.com. Democrat Frank Pignanelli is a Salt Lake attorney, lobbyist and political adviser. Pignanelli served 10 years in the Utah House of Representatives, six years as minority leader. His spouse, D’Arcy Dixon Pignanelli, is a state tax commissioner. Email: frankp@xmission.com.