Boundary issue top priority for some in Legislature

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SALT LAKE CITY -- Emotions ran high Monday morning on Utah's Capitol Hill over redistricting issues in Cedar Hills.

Frank found out earlier this month he lived outside his district when he entered his address into a new House website and another lawmaker's name came up as his representative.

He, along with his neighbors who rallied at the Capitol, say resolving the mapping error should be an early priority for lawmakers.

Cedar Hills resident Karen Herd said her right to vote has been taken away.

District 57 Rep. Craig Frank resigned last week after discovering he didn't live in his own district.

"We've had men and women dying to protect our right to vote, and it's important that we recognize the sacredness of their sacrifice," she said.

Sen. John Valentine, R-Orem, is sponsoring a bill to have the boundaries redrawn.

"Any place where a person is disenfranchised, the Legislature should make the changes to the way everyone thought it was supposed to be," Valentine said.

If lawmakers redraw the lines, Frank could run for his old seat in District 57 -- but the deadline to do so is Thursday.

As the Legislature opened for business Monday, the House read in the name of Frank as part of the official roster, then noted he had resigned and the seat is now vacant.

He had hoped to keep his seat, arguing that his election had been certified by the lieutenant governor's office, but gave up that fight Friday.

There's a chance Frank could return to his seat if two-thirds of both the House and the Senate agree to change the district boundaries before Utah County Republicans meet on Saturday to choose a new representative.

House leaders said they will wait until Valentine's bill arrives from the Senate before discussing the issue.

The Senate sent the bill to its Rules Committee, where it could be held until lawmakers decide if it should get an immediate hearing on the floor or be sent to a committee hearing, which would slow the process.

"I am pushing to have the vote now," said Valentine, who was also affected by the boundary mix-up. "I'm trying to say the voters should have a say to replace Rep. Frank. They should have the voice, not the Legislature through its inaction."

Senate President Michael Waddoups isn't keen on the legislation originating in the Senate and would prefer discussing the issue with the House before moving forward.

"Personally, I think it should come from the House. It shouldn't be a Senate bill. It's their issue," he said.

"This is the first step in correcting an egregious error," said Cedar Hills resident Karen Herd. "The right to vote is fundamental and is the basis for our representative form of government."

Added resident Brian Halladay, "With significant bills regarding Medicaid, immigration and education coming up this session that will directly impact our state, it is vital that each citizen of legislative District 57 be represented."

The difference between the state and Utah County maps has meant some 2,500 residents have been in the wrong House, Senate and congressional district since the boundaries were last redrawn after the 2000 census.

Until Frank discovered the problem, residents thought he'd been their representative since 2003, along with Valentine and Rep. Jason Chaffetz, R-Utah. Instead, they're represented by Rep. John Dougall, R-American Fork, who has joined Valentine in pushing for the boundary change; Sen. Howard Stephenson, R-Draper; and Rep. Jim Matheson, D-Utah.

The House GOP caucus overwhelmingly voted last week against seating Frank and fell short of enough votes to support redrawing the district boundaries. House Democrats were advised Monday to stay out of the fight by an attorney hired by the state Democratic Party to examine the issue.

With lawmakers set to begin redrawing all of the state's legislative and congressional boundaries again later this year based on the 2010 census results, there is reluctance to make a change that could benefit one of Lockhart's political allies.

The boundary change, which would required a two-thirds vote of both the House and Senate and the signature of the governor to take effect immediately, has the backing of the Utah Eagle Forum.

Eagle Forum President Gayle Ruzicka said not allowing the affected Cedar Hills residents to be represented by the elected officials they voted for amounts to taxation without representation.

"This is our kind of issue," Ruzicka said. "We just want the Legislature to do the right thing."

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Story written with contributions from Dennis Romboy, Lisa Riley-Roche and Nkoyo Iyamba.