Legislative sources indicate to UtahPolicy.com that the Utah House has enough support to override Gov. Gary Herbert’s veto of a bill setting rules for special elections, but the Senate is likely where any override runs into a brick wall.
In order to override Gov. Herbert’s veto, it takes 50 votes in the House and 20 votes in the Senate. The House was able to pass SB123 on the final night of the 2019 session with 51 votes, which is enough to support the veto override. But, the Senate was only able to muster 19 votes, which is one short.
According to legislative sources, the House is leaning toward attempting to override Gov. Herbert’s veto, but the appetite for a veto override is not as high in the Senate. With 23 Republicans in the Senate, they could afford no more than 3 “no” votes to convene an override session. One vote counter tells UtahPolicy.com there are enough senators who are either planning to vote “no” or are leaning in that direction to deny an override attempt.
SB123 from Sen. Dan McCay, R-Riverton, bans signature-gathering candidates from running in a special election to replace a member of Congress who leaves their seat before their term is up. Under the legislation, the only nomination route open to candidates is through a party convention, which contradicts current state law allowing the signature path. As a sweetener, bill requires conventions to select two candidates, unless only one files to run, ensuring there would be a primary election.
The lack of the signature path is a primary reason Herbert vetoed the bill, saying in his veto letter the legislation “significantly limits participation and choice” in elections for replacements in Congress. He also said the dual-path system, both signatures and convention, is “working well for both candidates and voters.”
“He (McCay) would sell his soul to override the governor on this,” said one House Republican when asked about a possible override session.
McCay expressed surprise that such motivations were being ascribed to him by his colleagues.
“I’ve been told many times over the years I don’t have a soul, but I do have an old Chevy truck I could sell,” he said jokingly.
As UtahPolicy.com reported, there were discussions on the final day of the 2019 Legislature about possibly including a signature path in the bill in order to allay concerns from the governor’s office. Those talks did not pan out, and the final version of the bill is what Gov. Herbert vetoed on Monday.
Lawmakers are in this particular pickle because state law simply says in the case of a vacancy in the U.S. House, the governor calls a special election to pick a replacement. However, the law does not specify rules for holding that election.
In 2017, after former Rep. Jason Chaffetz resigned, Gov. Herbert decided to allow both convention and signature-gathering candidates to vie to fill the vacant seat. Then Provo-Mayor John Curtis and newcomer Tanner Ainge both gathered signatures to secure a spot on the Republican primary ballot. Curtis finished fifth at the special 3rd District Republican convention and was eliminated while former State Rep. Chris Herrod came out of the convention. Curtis won the GOP primary and was subsequently elected to Congress.
That year, the Utah Legislature asked Gov. Herbert to bring them into a special session so they could pass a law setting the rules for the special election to replace Chaffetz. Herbert declined to do so.
Utah could be facing the same situation this year as there is speculation that Rep. Chris Stewart may be tapped to be the next Air Force Secretary.
If that happens, legislators could call themselves into a special session to attempt to set the rules for the election to replace Stewart, but Herbert’s veto should be a warning to lawmakers that not including a signature path for candidates would likely be a non-starter.
