Utah County Convention coming, mail and now packets of paper pouring in -- HB 150 is unconstitutional and overreaching

The county convention is Saturday and the county wide races are being hotly contended. I haven't had as much time to research as I would wish, so I am still working on what to do with assessor, auditor, etc., but I've got a pretty good feel of where I'm going with the two county commissioner spots and county sheriff. I tend to cast a favorable eye toward challengers, favoring term limits and non-career politicians, but I am leaning toward 2 of 3 incumbents in those races. The challengers are either less qualified or too arrogant and partisan for me to vote for.

I have received lots of email and postcards--5 or 6 color cards just today--and then tonight, a whole packet of papers delivered to my house with a collection of articles about the Brad Daw vs. Calvin Harper race for House representative. There were copies of 12 newspaper articles/blog posts criticizing Daw's HB 150. These were hand-annotated and highlighted in red marker. Impressive effort if all the county delegates are receiving this.

I heartily agree with the criticism of HB 150. Court review of forced searches is crucial. Rep. Daw keeps pulling out "The fed's have been doing this for 20 years and always had it upheld in court" defense, but that seems kind of hypocritical for a member of the Patrick Henry Caucus. I have not heard Rep. Daw or any attorney general give one instance of a child safety case being jeopardized by having to get a judge's approval before obtaining internet information. If the process is too slow, work on improving the process to obtain a warrant--don't bypass it. The very legitimate "slippery slope" argument in this case is augmented by Rep. Daw's original version of HB 150 allowing administrative subpoenas for any "criminal activity" using a computer. The bill was amended on Feb. 23rd or 25th to apply "only" to felony charges. It failed a House floor vote. The bill was substituted Feb. 26th to now allow government lawyers to obtain internet information without a warrant in the cases of child kidnapping and "an offense of stalking under Section 76-5-106.5." (Line 71 of the substitute bill at the link above) It now passed another floor vote and later a Senate floor vote, but interestingly, it split the Patrick Henry Caucus.

Also, if it is up to just a city, county, or state attorney's discretion, what happens when the stalking ordinance referenced in the law is applied politically? Mark Shurtleff may be the most egregiously political government lawyer, but administrative subpoenas are ripe for abuse because of politics or personalities at all levels they are permitted. Can you imagine if Lohra Miller (Salt Lake County district attorney) and that other guy in her office that have been publicly suing and attacking each other in the press for a couple years could get the other's internet information via an administrative subpoena obtained at their discretion? The particular stalking ordinance given administrative subpoena power was recently beefed up to give prosecutors extremely wide latitude in what constitutes stalking. Read some excerpts from Section 76-5-106.5 of Utah Code. The person could be charged if they violate the following conditions:

(b) "Course of conduct" means two or more acts directed at or toward a specific person, including: (i) acts in which the actor follows, monitors, observes, photographs, surveils, threatens, or communicates to or about a person, or interferes with a person's property:

(F) uses a computer, the Internet, text messaging, or any other electronic means to commit an act that is a part of the course of conduct.

And this broad standard, communicating "about a person" on the Internet in a manner that would cause them "emotional distress" [(2)(b) in code], can now be used to get the internet information, including credit card information, of any internet poster a politically motivated government attorney deems to cause his/her buddies distress...without a judicially reviewed warrant." That's wrong.

There was only one item in the anti-Daw packet about something besides HB 150. It was a copy of the executive summary of Daw's 2007 HB 141 and a paper comparing it to "Obamacare" because it mandated catastrophic health insurance coverage. This was pretty dumb in my opinion. I do not support health insurance mandates, but much of the partisan opposition to them blithely ignores that they were a Republican idea to try and protect the market in the face of government mandates. I don't support Bob Bennett either , but his acknowledging the huge financial problems in healthcare and fiddling with possible solutions in his bill are not the reasons I won't vote for him (unless he ends up facing Cherilyn Eagar in a primary). So in this instance, one could ding Rep. Daw and many on the right for opposing ideas based on who proposed them rather than their merits, but this guilt by association doesn't fly with me. I've got other, more legitimate reasons to vote against Brad Daw.

I'll probably post again about these county races before Saturday, and possibly some more Daw/Harper comparisons if anyone is interested. (Well, very possibly if no one is interested too.) =)

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Tribune article on weird Utah County Republican plan to screen out candidates who support the ethics initiative

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http://www.sltrib.com/news/ci_14752201

Utah County GOP wants candidates to declare stand on ethics initiative
Politics » Initiative official says, 'Ethics reform is a nonpartisan issue.'

By Cathy McKitrick

The Salt Lake Tribune
Updated: 03/24/2010 08:17:44 PM MDT

Utah County Republican leaders will ask each of their party candidates next week to fill out a form disclosing whether they signed petitions for a pending ethics reform initiative in what some view as an odd type of pre-election screening.

The expansive initiative, sponsored by Utahns for Ethical Government, served as the goad for lawmakers to pass several bills in the recent 45-day session, including legislation to form the state's first independent ethics commission.

But GOP legislators and the state Republican Party criticize the initiative as over-reaching and poorly drafted.

"We've already decided that as a party we oppose the [UEG] initiative," said Utah County GOP Chairman Taylor Oldroyd. "So we're asking candidates to declare one way or the other."

The candidate form also asks candidates to pledge to support only Republicans running for office and, if elected, to maintain the highest standards of honesty, morality and integrity.

After a question about which, if any, parts of the party platform the hopeful disagrees with, the form inquires whether the candidate is a supporter of the ethics initiative.

The information will be tabulated in time for the county's April 24 convention, where delegates will cast votes to thin races with multiple contenders.

"There's a few that have a different opinion and that's fine," Oldroyd said. "We just feel the voters and delegates need to know."

So what if a candidate skips the declaration?

"There is no punishment for not signing, but delegates and voters may not view this favorably," Oldroyd said in an e-mail to The Salt Lake Tribune .

Dixie Huefner, UEG's communication director, puzzled over Utah County GOP's new requirement.

"It seems to be inconsistent with Republican values of freedom, choice and liberty," Huefner said. "I don't understand the narrowness of their view since ethics reform is a nonpartisan issue."

In Davis County -- as heavily Republican as Utah County -- candidates will not have to divulge their support or opposition to the ethics initiative.

"We just require that they register as a Republican," said Davis County GOP Chairwoman Shirley Bouwhuis.

"The initiative hasn't even come up here," Bouwhuis added. "Unless it's something against the Republican Party, we believe in freedom of choice."

Weber County Republicans also make no such inquiry of candidates.

"Absolutely not," said Weber GOP Chairman Matt Bell, noting that someone was gathering initiative signatures at his crowded caucus meeting Tuesday night.

"That's Utah County," Bell said. "They can do whatever they want."

cmckitrick@sltrib.com

Ethics legislation versus initiative

The citizens' initiative would create an independent ethics commission that holds an open hearing on any non-frivolous complaint. The Legislature's new panel conducts the entire screening process behind closed doors.

The initiative allows any three individuals to file an ethics complaint against a lawmaker. The new law allows two residents to lodge a complaint, but at least one must have firsthand knowledge of the alleged violation.

The initiative contains campaign caps. Utah is now one of four states lacking such limits.

My first political convention and a few first-person tidbits of interest

“Wow!” was the first thought I had as I approached Orem High on foot after parking a block away. I wish that I had brought my camera. There were hundreds of signs covering every available inch of lawn and fence space. David Leavitt made an extra special effort to completely cover the school’s lawn as well as the fence of the neighboring house (assumably with permission). I really hadn’t understood what a spectacle the convention would be. Very interesting. I grabbed a donut and milk from one of the 3rd district candidate tables out front, had the doors held open for me by young men wearing Leavitt stickers, politely refused a Bramble ID badge lanyard, and then got my ID and info packet from the sign-in table.

It was crowded and interesting. I ran into two old BYU friends. They were both first-time delegates also, but even greener than I was last Fall in terms of political awareness. One found out I was now a teacher as I expressed my disagreements with the Parents for Choice in Education booth nearby. She immediately said “Oh. Then I’m against you. I teach at a charter school.” This surprised and saddened me. I think there are funding issues with charter vs. public schools as well, but I’m not opposed to them and vouchers would rob both. I told her why I was surprised and that I thought the problem was more about elements of the legislature setting us against each other over funding. We both recounted stories of funding snafus when students switch back and forth between the two mid-year. We didn’t have time to get into a good discussion on voucher funding, but we parted each more informed I think. She was frustrated that her charter school in Lehi has trouble filling its spots despite the overcrowding in local schools right now as they wait for the new jr. high and high school to be finished in Saratoga Springs. She said many didn’t like the dress code and other rules. I was surprised that those would be such obstacles in northern Utah County and that any charter school there had open spots.

The Senate Caucus was relatively uneventful as Senator Dayton is not up for re-election. Senator Dayton and other elected officials about broke their arms patting each other on the back, except for Representative Fowlke who stood ignored with a strained look on her face as Rep’s Daw and Grover got to take the microphone and talk about their accomplishments. Lt. Governor Herbert openly joked about running for governor during his spiel.

Lt. Gov. Herbert took one question and Sen. Dayton took a few. The first was a request to explain the I.B. program issues from the session. Sen. Dayton segued into her opposition to NCLB for awhile, but eventually came back to the same bologna she believes from her Eagle Forum sources. She acknowledged some of the positives of the courses which she cannot avoid now, but claimed that the classes are accountable to the U.N rather than local and state school board “if you look at the flowchart.” Here’s the interesting bit: she is preparing a bill for the ’09 session that will require parents to sign an “opt-in” release form for International Baccalaureate saying something to the effect that you are giving up your right to be governed by the school board. C’mon. I really have trouble understanding how intelligent adults believe all this stuff. The IB Board certifies if the IB classes meet the standard to receive their “credits” or stamp of approval. This is independent of the local school boards, but doesn’t take away their “sovereignty.” If the Iowa company decided that a batch of 11th grade Iowa tests from Utah were inappropriately proctored or something, they could rightly refuse to accept those tests as valid for their national data comparisons. This would certainly influence how the state viewed it, but the state would be perfectly able to count the test for their own purposes if they saw fit. These evil U.N. classes from International Baccalaureate are 100% under the jurisdiction of the school boards Senator. They have 100% freedom at the local level to choose curriculum, management, or anything they want. If they don’t follow certain standards of rigor and content required for I.B. certification, then they lose the right to receive a certificate and put a fancy name on their resume. That’s it. Utah would still be free to count those classes for credit, count the students, test the students, discipline them, etc. No one has to fly to Geneva or submit to the North American Union. An “opt-in” bill over a program that has parents clamoring to get in will just look even sillier than Senators Dayton, Stephenson, and Peterson already have.

The House Caucus was very interesting as things got a bit chippy, motions were ruled out-of-order, and Brad Daw avoided a primary by a single vote. This was a major surprise as I think almost no one gave Linda Houskeeper a chance here. I want to write about this separately, so I’ll come back to it.

The convention itself was interesting and fairly fast moving. I was very thankful for the strict time procedures on all of the candidate speeches. The “Reagan Award” was given to Utah County Clerk Bryan Thompson. I mentioned to my friend that I was very surprised by this, but I don’t think I was any more surprised than he was. Thompson didn’t expect the award, mentioned how surprised he was to receive it after the long lines at the Western States Primary Election, and thanked everyone for their forgiveness. It was kind of sweet and kind of weird.

The state office holders spoke. Chris Cannon got a little animated and inadvertently occasioned a funny moment. He said he supported Mitt Romney as the vice presidential pick and told the crowd that he wanted to hear from them if they agreed. In response, he got a quick, but hearty cheer. He then rhetorically asked if any one was opposed and received another fairly loud cheer. Hesitation, nonplussed look, and reply, “Ooooh, I guess there’s some of you.”

The candidate speeches were more varied, had more personality, and were more interesting. First, the Second Congressional District candidates spoke. My first ever attempt at a political joke for a National Junior Honors Society speech in middle school was about Merrill Cook (It was something about his being like the energizer Bunny—going and going—and my best friend and I thought it was hilarious. My mother vetoed the idea upon perusal of the final draft and instead supplied a Dan Quayle joke that was very successful), so I was happy to see him in person for I think the first time in my life. Kenneth Gray explained that we have three centuries worth of oil at $15 dollars a barrel in the shale of Eastern Utah. (Cannon claimed a comparatively pricy $20-$30 a barrel for shale oil.) And I am curious if the gregarious Don Ferguson running for the Second Congressional District is related to Joe N.P.C. Ferguson running for the Third Congressional District.

The Third Congressional District candidates were generally much more issues oriented and bashed the incumbent Republican congressmen more as opposed to the Second District guys who bashed Matheson and the Democratic majority. Joe Ferguson had an informative poster for his N.A.U. warning. I was sitting with another teacher whom I frequently agree with, but he is much more worried about the possibility of the N.A.U. than I am. He bought one of Ferguson’s DVD’s for 5 bucks to see what he has to say. I want to borrow it if I get the time.

Chuck Smith, running for the Republican nomination for governor against Jon Huntsman, started out pretty typically by explaining that “more efficient” government was an oxymoron. He then proceeded to tell us that he had spent the last 8 years devising a plan for less government to “take education out of tax funds altogether” or something like that, which I assume means privatization. We can check his website or literature for full details.

The State Treasurer candidates argued over who could survive longer in the desert with only a protractor and an abacus, and then results were announced. There will be no Republican primaries this year, which I assume is exactly what the party leadership wanted, minus the part about Rep. Tilton’s opponent winning 60% of the vote and securing the nomination. Rep’s Daw and Grover had 60.4% and 60.6% percent of their delegates’ votes respectively. Only 2 of 7 winners in contested legislative races garnered more than 68% of the vote. More on this tomorrow…