Saturday, April 23, 2016

Governor Gary Herbert nice guy that has been in office too long


I had promised both campaigns that I wouldn't endorse either Gary Herbert or Jonathan Johnson before the convention. The County Convention was last week... :)

I had someone I respect today question why the delegates would possibly not vote for our current Governor Gary Herbert.

I will give you more than one reason. But #1: He has been in office too long. Perhaps not in years, but too long. (If he doesn't win another term he will be over 7 years as Governor, and almost 5 years as Lt. Gov).

Some will say that they will not pay attention to some State House Rep. that missed getting out of convention by 2 votes last week. I say, don't shoot the messenger.

Let me go back to 2009. I got my photo taken with then Sen. Hatch. I had decided that Sen. Bennett had been in DC too long, but in 2009, I was just fine with Sen. Hatch. By 2012, I had changed my mind. We had 2 candidates that year (we had lots more running) that I felt could do the job. One, I thought could do the job better, and I wrote this:

http://fredcox4utah.blogspot.com/2012/06/dan-liljenquist-or-senator-orrin-hatch.html

(OK, Dan has made some decisions since 2012 that I question, so no guarantees for 2018, other than Sen. Hatch has been in DC now very much too long. We will see who comes along).

I do believe the Governor is starting to do some amazingly dumb things to make himself look good. That is never a good sign. 

 First, lets start with this:
This group seemed to do a great job of getting both of our previous State AG's into trouble. Lets hire them to help my campaign?  NOT!!!

http://www.sltrib.com/news/3246126-155/rolly-hes-baaaack-swallow-operative


OK, not as dumb as it could be, but I am just getting started.


Why would Gary Herbert and Spencer Cox "miss" marking their 2016 candidate forms correctly and then going back the next week and changing them, when they had signed and specifically initialed on March 15 that they knew they could not change the form after March 17.

The election law broken: 20A-9-201(8)
http://le.utah.gov/xcode/Title20A/Chapter9/20A-9-S201.html?v=C20A-9-S201_2014040320150101


The typical Penalty: 20A-1-609
"Except as provided ... a person convicted of any offense under this title may not:
(a)    file a declaration of candidacy for any office or appear on the ballot as a candidate for any office during the election cycle in which the violation occurred;
(b)    take or hold the office to which he was elected; and
(c)    receive the emoluments of the office to which he was elected."

 http://le.utah.gov/xcode/Title20A/Chapter1/20A-1-S609.html?v=C20A-1-S609_1800010118000101

The way out: 20A-9-202 (5) find someone to complain about the form within 5 days of March 17th
http://le.utah.gov/xcode/Title20A/Chapter9/20A-9-S202.html

They both made the same "mistake" at the same time. 
Yes, a few others did as well, but very few overall and this was a very public item on the form

https://elections.utah.gov/Media/Default/2016%20Declarations%20of%20Candidacy/Governor/Governor%20Herbert%20and%20Lt.%20Governor%20Cox%20Declaration%202.pdf

Notice that they added a check box saying which method of nomination they were seeking on 3/21/16. Notice on the 2nd page they initial that they knew they couldn't change the form after March 17th at 5pm.


It isn't too bad, as they found an exception, a way to legally fix the forms without getting charged with the Class B Misdemeanor, and being banned from taking office as Governor and Lt. Governor, which is the normal default for violating the election law in this area of the law.


More recently:
Why would Governor Herbert even risk violating the State Constitution and negotiate a deal for a special session vs a veto override session to save face during an election year?  


http://www.utah.gov/governor/news_media/article.html?article=20160419-1

Compare this to Utah Constitution, Art. VII, Sec. 8, (4)
http://le.utah.gov/xcode/ArticleVII/Article_VII,_Section_8.html 

Notice the words: Shall,  and also 60 days.There is no provision in the State Constitution for the Governor to have the legislature delay polling their body to create this deal, a Special Session.


And finally:

Today at the State GOP Convention, the Governor had his very expensive convention booth with signs that it is being sponsored by Coal and at least one other industry. He had sponsored very expensive events for delegates at both the professional basketball arena and the pro soccer stadium. 

And today he complained about attacks when the delegates just got in the mail in the last few days several letters from the Governor supporters trashing Jonathan Johnson. This included lobbyist, state school board member, and ballot nomination signature businessman Spencer Stokes. You can't write the stupidity. 

One attack was my good friend Lt. Gov. Cox hitting Jonathan about 2 adult magazines Overstock was carrying (they announced today that that is ending) when Jonathan was complimenting the state legislature for passing a resolution condemning Porn.

http://www.ksl.com/?sid=39432748&nid=757&title=lt-gov-spencer-cox-calls-gop-opponent-hypocritical-in-porn-twitter-exchange

Governor Herbert has been in office long enough. Some think I have been too. I am saving my yard signs. Will the Governor?

More Recent updates:

Speed dating fundraising:

http://www.sltrib.com/news/3833261-155/donor-speed-dating-with-guv-doesnt-sit?fullpage=1 
Audio:
http://www.sltrib.com/news/3890228-155/in-audio-utah-guv-says-hes 

Fundraiser with ties to even with taxpayer money:
http://www.sltrib.com/news/3850380-155/herbert-campaign-piggybacks-fundraiser-on-governors

Adding items to the special session call:
http://www.deseretnews.com/article/865653961/Utah-House-speaker-says-Herberts-Common-Core-efforts-are-political.html?nm=1


The corporation (working hand in hand with the Governor's department) credited with getting all the jobs the Governor has been taking credit for,  no filing taxes for 5 years:
http://www.sltrib.com/news/3887372-155/states-economic-development-partner-failed-to


It is one thing to hire the same political group that got our past 2 Attorney Generals in trouble, to appear to intentionally violate election laws on their candidate forms, to skirt the state constitution to save face, and then to toss out everything the attorneys are telling elected officials recently based on current federal election laws and how they are being enforced and make proposals that had lobbyists uncomfortable?

I have seen the Governor for almost 12 years, more times than I can count. He started out as the person that would go anywhere to represent the then Governor. The recent actions show he is willing to do anything to stay in office. Even skirt the State Constitution? The recent comment from the Speaker "The legislative branch has not been grafted into the governor's re-election campaign" is what I am feeling.