Utah GOP takes no action on SB54 lawsuit; Count My Vote could re-launch as soon as this week

Utah GOP takes no action on SB54 lawsuit; Count My Vote could re-launch as soon as this week

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NORTH SALT LAKE — A decision on re-launching the controversial Count My Vote initiative could be made this week, after the Utah GOP's governing State Central Committee adjourned Saturday before debating dropping a related lawsuit.

The committee voted after about five hours to end its meeting rather than deal with a resolution halting the legal fight against a 2014 legislative compromise with Count My Vote that lets candidates gather voter signatures for the primary ballot.

"There is a time that it may just be the way to resolve it is to have the people decide," Count My Vote executive co-chairman Rich McKeown told the Deseret News. "But we have not made the final decision to move forward yet."

Backers of a direct primary "recognize that we are in a position to want to figure out what we've going to do soon, next week or in a month" and the resources are already being readied for another petition drive, McKeown said.

The decision means the party's appeal after losing its challenge last year in federal court to the compromise known as SB54 — set to be heard Sept. 25 by the 10th Circuit Court of Appeals — will continue.

Saturday's vote came despite a plea from Utah GOP Chairman Rob Anderson to stop years of party infighting over the compromise or face losing the traditional caucus and convention system for nominating candidates.

"We've been outflanked with a full frontal assault with Count My Vote," Anderson told the 130 party officials from around the state on the committee at the meeting, held in the North Salt Lake City Council chambers. There are more than 180 party officials on the committee.

He said the party, which already owes more than $300,000 in legal bills from the lawsuit filed against the state over SB54, can't afford the time and money involved in continuing the fight.

"If the caucus system is going to survive — and I'm telling you, survive, because we're facing pretty stiff odds here — we're going to have to do this together and row the boat in the same direction," Anderson said. "We need to work together."

Both Anderson and the sponsor of the resolution, former Utah County GOP Vice Chairman Daryl Acumen, warned that Count My Vote backers are ready with the resources needed to get the direct primary initiative on the November 2018 ballot.

Acumen called the lawsuit "ridiculous" and said Count My Vote stands to succeed with voters. He said there is little for the party to gain but plenty to lose by appealing the case.

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Unless the lawsuit ends, he said the party will have lost the ability to nominate candidates. "We've alienated our donors. We've alienated our legislators. We've alienated the voters. We have a weaker party and we're divided. For what?"

A second resolution was then introduced that backed the appeal and directed party officers "to use all means necessary to defend our party's legal rights." There was no discussion on either motion.

Instead, the committee decided to recess while votes for several committee positions were counted by hand. A new electronic voting system stalled, something Anderson told a reporter was the result of a deliberate attempt to slow the meeting.

Phill Wright, a member of the committee who ran for chairman earlier this year when Anderson was elected, said the lack of action Saturday shows "this body is not willing to change its mind" after voting in February to continue the lawsuit.

"What this says to me is this gives specific direction to our chair" to move forward with the legal appeal or put his position in peril, Wright said after the meeting. "We are the governing body of the party, not the chair."

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Anderson said after the meeting he has the authority to end the lawsuit himself and noted he won the chairmanship after telling party delegates that's what he wanted to do.

He said he has no plans to stop the lawsuit before the appeal is heard, but "a lot of people I've talked to said that after the 25th they'll support me in whatever decision I've made."

At the meeting, party officers announced a fundraiser hosted by Gov. Gary Herbert raised more than $106,000 towards paying down the Utah GOP's operations debt, including bills owed from the party convention where Anderson was elected.

The governor, who signed SB54 into law, had been expected to attend the meeting but instead sent Lt. Gov. Spencer Cox, who did not address SB54 in his remarks to the committee.

"One way or the other, something will be decided," Cox told a reporter. "It's on appeal right now. Either it ends today or it ends when the appeal is done. And we're fully prepared for whatever that decision is."

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UtahPolitics
Lisa Riley Roche

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