No special session on political boundaries issue yet

SALT LAKE CITY -- Gov. Gary Herbert said Friday he's not ready to call a special session to redraw political boundaries in Utah County -- yet.

"Right now there are no plans to call a special session," Herbert said. Later Friday, however, he said he expects to receive an analysis from attorneys reviewing the situation.

"I'm following it and reviewing it," the governor said. "I think it is a little unclear on some of the issues out there."

That includes, Herbert said, what action former Rep. Craig Frank, R-Cedar Hills, might take now that he's lost his District 57 seat because he apparently lives outside its boundaries.

Frank was re-elected in November to the seat he's held since 2003, but discovered last week through a House website that his Cedar Hills home is located outside the district boundaries.

There is a discrepancy in the boundaries set by the state and those recorded by Utah County, apparently because a portion of Cedar Hills was being annexed when the districts were redrawn after the 2000 Census.

House leadership called a press conference to announce Frank no longer qualified to represent the district and there was a vacancy that needed to be filled. Frank, an ally of new House Speaker Becky Lockhart, R-Provo, could run again only if the boundaries are changed.

Although there's pressure on Herbert to call a special session before the start of the 2011 Legislature on Jan. 24, the majority of Republicans in the House and the Senate aren't supportive.

The governor said there aren't the votes to pass a boundary change in a special session, and noted House and Senate leaders have not called for one.

Frank may have other options

But Friday, Utah County GOP Chairman Taylor Oldroyd said there is another scenario that could return Frank to his seat. Usually when there is a legislative vacancy, the party holds a special election among the district delegates.

Oldroyd said now there's a question about whether the vacancy even exists. He said the problem could be solved by having the lieutenant governor's office accept the Utah County map. That would mean Frank did live in his district and never lost his seat.

Related:

Should no representation lead to no taxation in Cedar HIlls?

Now that Cedar Hills state Rep. Craig Frank has learned he doesn't live in the district where he was elected, another lawmaker wants a law that says those voters who lost their representation shouldn't pay state income taxes until their representation is restored.

That's the argument Frank is now making, Oldroyd said. "He's saying, 'Yes, maybe they were a little premature in saying, "Whoops.'"

Although the GOP has tentatively set a Jan. 22 election to fill the seat, Oldroyd said that decision will have to wait until either the lieutenant governor's office acts or the session begins without Frank.

"We're kind of in a hurry up and wait kind of a thing," Oldroyd said. "We're in uncharted waters here."

"With all the facts in front of us," Frank told KSL News Friday, "there would clearly be an argument worth vetting."

Frank said he could be officially seated in a special session before Jan 24. Plus, he says his name should still be on the official roster of names to be read and approved.

"That roster is read on Monday morning, and then the body would have an opportunity to either approve it or disapprove it," he explained.

If the body doesn't approve, Frank said he will step aside.

The boundary issue also affects state senate and congressional districts, although no other elected officials are in danger of losing their seats because they live outside their districts.

-----

Story compiled with contributions from Lisa Riley Roche and Paul Nelson.

Related topics