SALT LAKE CITY — Concerned by the feasibility of gathering signatures to qualify for the ballot amid a global pandemic, some Republican gubernatorial candidates hope rules will be altered.
Former Utah Republican Party Chairman Thomas Wright and Lt. Gov. Spencer Cox have met the 28,000-signature threshold required to be on the June primary ballot. The other hopefuls need to either win support from delegates at the upcoming state GOP convention in April to qualify for the ballot, or to continue gathering signatures.
In light of the COVID-19 scare leading to more and more recommendations to limit public interactions, Jan Garbett and Jon Huntsman Jr. are calling on Gov. Gary Herbert to alter the election rules.
Huntsman said Utahns should be concerned about ballot access and called on the governor to change “how we proceed to make sure it’s a fair & honest primary.”
“In a national emergency, it’s imperative that the governor’s office preserves our democracy,” he wrote on Twitter Monday, specifically pointing to electronic signature gathering as an alternative measure.
As of Tuesday afternoon, Huntsman has 16,445 signatures verified, though the campaign has turned in more than 37,000, according to campaign manager Lisa Roskelley.
Justin Lee, Utah’s state elections director, says the lieutenant governor’s office — which oversees elections — doesn’t have the authority to alter the rules. Allowing electronic signature gathering, lowering the threshold or extending the April 11 submission deadline would require a change in state law.
“The problem is there are statutory deadlines,” Lee said. “We don’t have the ability to just change the law even in an emergency situation when it comes to signature gathering.”
There are also practical considerations, like the law’s specific prohibition of electronic signatures.
“Even if there was a situation where that could be waived, there’s not really a mechanism in place to gather and verify those signatures,” Lee said.
The Legislature would need to meet in a special session to amend the law, he added.
“It’s a tough decision because certainly with coronavirus out there, it puts people in a very awkward position, but we also can’t make up laws. We have to operate within parameters that the law gives us,” Lee said.
Garbett and Huntsman are calling on the governor to issue an executive order to suspend certain signature gathering rules in light of the pandemic, but Herbert has decided not to do so.
“The governor has the authority to suspend enforcement of statutes under certain circumstances in a state of emergency. However, he does not have the authority to create new law,” a spokesperson from the governor’s office said. “The governor has to be very careful in exercising this authority so that suspension of statute does not have unintended consequences.”
Herbert will continue to evaluate requests as circumstances are changing rapidly, his office said.
Roskelley said it would make sense for the governor’s office to suspend the need to gather signatures and move all candidates to the primary ballot or to extend the deadline, though she acknowledged the latter is a bit more complicated as they don’t know how long it would need to be delayed.
Electronic signature gathering is also an option, she said.
“It would make sense for the state to address this statute as it has other government services and statutes,” she said, explaining the governor already issued an executive order to allow candidates to send designated representatives to officially declare their candidacy in their stead.
Garbett’s campaign has been urging the governor’s office to modify the requirements for some time, and is continuing to do so.
“I have pled with Gov. Herbert and Lt. Gov. Spencer Cox to use emergency powers to suspend or reduce signature requirements in this extraordinary election year,” Garbett said in a press release. “So far, those pleas have fallen on deaf ears.”
Garbett and her legal counsel sent Herbert and Cox a letter on Monday urging their prompt action.
“Immediate steps must be taken to ensure that candidates, such as Jan, are not unconstitutionally faced with the choice of ending their campaign or placing the public at risk,” the letter says, arguing that the election office can adjust the signature submission deadline, or Herbert could use an executive order to allow alternatives such as electronic signature gathering or having all official candidates appear on the ballot.
The letter requests a decision by Wednesday at noon.
“We don’t have a choice in this matter of gathering signatures. The governor does, but he’s chosen to play politics with the virus,” Garbett said in a statement. “Other states have acted, but he is choosing the political advantage of his hand-selected candidate over the health and safety of Utahns.”
In a statement Tuesday night, Jeanetta Williams, president of the NAACP Salt Lake branch, also called on Herbert to suspend signature gathering requirements as Utahns take “extremely critical” precautions against the coronavirus pandemic, like staying in their homes and working remotely.
“It is important to keep as isolated as possible during this crucial time. Consideration should be given to modify the requirements pertaining to candidate gathering signatures. If the government can extend tax filing dates from April to July, changing signature requirements should also be done for the state of Utah and the safety of everyone,” Williams said.
Another Republican candidate, businessman Jeff Burningham, suspended signature collecting last week, citing coronavirus concerns.
The Garbett camp is implementing additional safeguards to protect the public and staff while continuing with their efforts.
The Garbett campaign also announced an alternative way voters can contribute their signatures on Monday. To avoid face-to-face interactions, voters can print out signature-gathering forms on Garbett’s campaign website, sign in the presence of a fellow Republican voter, and mail to the office.