Pignanelli and Webb: Thanks to some politicians who have made a real difference

With the new year, Utah will see a political changing of the guard, as some longtime leaders retire. We look at who’s leaving and the impact on the state.

Orrin Hatch has been in the U.S. Senate longer than most Utahns have been alive. What has he meant to Utah for the past 42 years?

Pignanelli: “Every good fighter knows when to hang up the gloves.” — Orrin Hatch

As a short Italian Irish Catholic, I excel at harboring grudges. I nurture them like children. Twenty-eight years ago (I never forget), Hatch raised record contributions for my legislative opponent. After my re-election, I anticipated a lifelong grievance toward the senator. He made that impossible.

Fighting discrimination is core to my being, and I passed the first version of Utah's Hate Crimes law — based on federal legislation pushed by Hatch. An attorney for Blue Cross Blue Shield, I was integrally involved in the Caring Program for Children to provide insurance coverage for working families. I was engaged when the senator transformed it into a robust government benefit. I interacted regularly with his excellent excellent local office, which helped thousands navigate choppy waters of various federal issues.

Hatch’s advice was frequently solicited by the most powerful individuals on this planet — rock stars, CEOs, billionaires, high-profile figures. I witnessed at airports, on Main Street and other places people without money or influence encountering the senator, hoping for a moment of his time. He was always kind to these awestruck individuals, giving them equal attention as to any glitterati. This is the true indicator of outstanding character.

Perhaps because we share characteristics as political warriors, I respect and admire Hatch for never forgetting his origins and helping those who needed a voice. Our state was fortunate to have him represent us.

Some grudge.

Webb: The long and remarkable career of Orrin Hatch is going to be the subject of a lot of praise and celebration in the next few weeks. And all of it is deserved. Hatch really has provided exceptional service to Utah and the nation.

In his seven terms, Hatch has seen it all. He’s had momentous victories and devastating defeats. He’s been acclaimed by the world’s top leaders. He’s been severely criticized by liberals, savaged by conservatives and been called names by everyone in between.

Through it all, Hatch has remained true to himself, doing what he felt was right.

To his credit, Hatch has remained a reliable conservative, but not an ideologue. His detractors on the right would argue that he hasn’t been pure enough. He’s struck deals with a lot of liberals. He has pursued the art of the possible, being pragmatic enough to understand that winning 80 percent is better than winning nothing.

But, in general, he has been a fervent advocate of limited government and low taxes. He has championed capitalism and the free market system. He has been solid in standing up for traditional moral values.

No politician is perfect. Hatch has made plenty of mistakes. He hasn’t always practiced what he preached.

It’s time for him to retire. But he will be missed. And he deserves the praise of a grateful state.

The Utah Legislature loses its top two leaders. What have been the contributions of House Speaker Greg Hughes and Senate President Wayne Niederhauser?

Pignanelli: Hughes, an early endorser of Donald Trump, is proof a disruptive force can succeed in government. Hughes’ unorthodox style prompted a turnaround in the Rio Grande area, pushed needed compromises on medical marijuana and passed various reforms.

While Niederhauser is more reserved, his influence was dramatic. Advances in government transparency, efficient transportation and broad economic development will be felt for decades. Furthermore, reforms in higher education and taxes will be ongoing because of his original involvement.

Webb: Serving in the Legislature can be a real sacrifice, especially for the top leaders. They essentially spend full time in their legislative duties and earn much less than part-time pay.

Niederhauser will be remembered for his solid, steady leadership guiding the Senate. He has always looked to the future, emphasizing infrastructure and preparing the state for rapid growth. He has been the embodiment of the Senate as a “voice of reason.”

Hughes will be remembered for his hard-charging forays into big issues like homelessness and the inland port — accompanied by plenty of controversy. He’s stepped on quite a few toes and made some missteps but has been effective and more nuanced than his label as a far-right conservative might indicate. Hughes isn’t riding into the sunset. We’ll see more of him in the gubernatorial race.

A number of lower-profile politicians will also be retiring. Which are some who will be missed?

Pignanelli: My children attended public schools but participated in innovative programs developed as a response to charter institutions. Utah enjoys a diversified economy because of various tax incentives. Government overregulation and overreach are checked by legislative committees. Sen. Howard Stephenson played a leading role in all these efforts, benefiting millions. Thank you.

Webb: All those leaving the political arena deserve a heartfelt thank you for their service.

Pignanelli and Webb: Introspection on heroes and other current issues

The November elections, the passing of heroes and the recent special legislative session are the potpourri of holiday political discussions. We dive in with our thoughts — or actually the buzz we hear from people much smarter than we are.

Utah voter turnout was almost 75 percent in November’s nonpresidential election. Did the ballot initiatives contribute to this rush to the ballot box and will high voter interest be replicated in future elections?

Pignanelli: “Political analysts tend to overinterpret the results of isolated elections.” — Jacob Weisberg

Pumpkin spice is a new cultural phenomenon that entices the public's appetite around Labor Day and is consumed deep into the fall and early winter. This sweet flavoring influences a variety of foods and eating patterns. Initiatives are the pumpkin spice of Utah politics, impacting numerous electoral dynamics.

The petition process that allows candidates to be placed on a primary creates a permanent source of income for local signature gathering firms and is a solid base to expand into lucrative efforts of initiatives and referenda. The Utah-based companies are cheaper and more efficient than most out-of-state firms and will be kept busy in future election cycles.

Initiative activities attract major infusion of dollars for both proponents and opponents throughout the entire process. This dramatically alters the landscape for others sharing the ballot in terms of messaging, social media, fundraising and field operations. Further, the newest technologies are used to identify voters and provide tools to promote turnout. In addition, policy issues enthuse a sector of the electorate not excited about a candidate.

Although the degree is still in dispute, local politicos are concurring the recent initiatives directly moved the results in November, perhaps equal to the sway of responses to the president. This alternate legislative dynamic is now a regular feature.

So, expect the pumpkin spice of politics to be a regular condiment.

Webb: Lots of factors created a perfect storm for voter turnout: Hate and love of Donald Trump, a nasty, negative and hotly contested Love/McAdams congressional race, plus three high-interest ballot propositions, an opinion question on raising the fuel tax and three constitutional amendments.

Say what you want about Trump, there’s no denying he motivates voters — for him and against him. As long as he’s around, voter turnout will be high. We’ll also have a big gubernatorial election in 2020, so expect a colossal voting year.

In recent weeks, Utah lost a couple of heroes: Marine and police officer David Romrell, and North Ogden Mayor and Utah National Guard Major Brent Taylor. This was followed by the death of former Pres. George H.W. Bush. Can the loving remembrances and touching eulogies dedicated to these marvelous individuals bridge the deep political divides that separate Americans? Can we become a “kinder, gentler” state and nation?

Pignanelli: In comparison to other periods of our history, we are a “kinder, gentler” country. There is screaming among left and right extremists, with viciousness dripping from traditional and social media. Talking heads disparage those who disagree. Yet, every day at funerals, sports events, concerts, religious gatherings, disaster relief, school functions and other activities, Americans are overwhelmingly decent and bridge any divides.

Webb: I’m an old, stoic, skeptical, washed-out former journalist, but I was deeply touched by the sacrifices of Romrell and Taylor, and their families, and by the extraordinary legacy and example of our 41st president.

The words “love,” “kindness” and even “forgiveness” were used a lot in the last several days, both in Utah and in that most cynical of places — Washington, D.C. Some people probably thought they were hearing a foreign language.

I suppose the ultimate test of the great lessons taught by these wonderful individuals is whether change is wrought in the lives of those who were listening. In my case, it made me regret offending anyone, or being unfair in something I’ve written or said. It reaffirmed to me that political differences should not spark anger, unkindness or cruelty. There are vastly more important things in life than winning a political argument just for the sake of winning, or posting a snarky response on Facebook. I ended last week thinking I must do better.

Last week’s special session, in which the medical marijuana initiative was amended, was not without controversy. Any fallout?

Pignanelli: The compromise legislation crafted by proponents and opponents was a necessary exercise in realpolitik. But the implementation, and public perception, will be carefully scrutinized by politicians and activists to determine any potential strategy for changes to the other initiatives passed in 2018 and in future years.

Webb: Utah ended up with a pretty good marijuana law. It’s by no means perfect, but it makes an excellent effort to strike a balance — providing controlled access to the medicinal properties of cannabis by those who need it while protecting society from marijuana addiction and health damage among young people.

Election Outcomes to Buzz About

As your political watchdogs the Foxley & Pignanelli team has created a summary of the 2018 elections for you. The increase in voting compared to past years was overwhelming. With over a 75% voter turnout in Utah (unprecedented for a nonpresidential election year) poll offices across the state had lines out the door past 11:30 PM, with some voters waiting in line for up to three hours to exercise their rights. Early voting for Republicans was up over 149% from 2014; Democrats over 278%. We saw many changes in the Utah Legislature -third of which will be freshmen next year. This was undoubtedly one of the most historic elections in memory.

U.S. Senate

For the first time since 1976 Utah voters did not see the familiar name of Orrin Hatch on their ballots.  The longest-serving Republican Senator in the history of the United States leaves behind a great legacy with his retirement and has opened the door for more aspiring politicians. Senator-elect Romney had an unsurprising win on Tuesday to replace the retired senator, sending his supporters at his watch party home by 10:30 PM and grabbing his seat with 62.43% support from voters. Utahns look forward to having the new junior senator in Washington.

Congressional Races

Congressional seats for districts one, two, and three all had expected wins for their republican incumbents. Representative Rob Bishop took his seat with 62.81%, Representative Chris Stewart with 57.93%, and Representative John Curtis with 66.92%.

Battle for District Four

Utah politicos got their fix this election season from Utah 4th Congressional District race. Election night ended with challenger Ben Mcadams leading by a narrow margin against incumbent Mia Love who narrowed the gap as more Utah county ballots rolled in throughout the week. But unfortunately for the Representative the final vote count would end against her with a 694 margin victory for McAdams.

This outcome would have been more surprising when the Representative-elect first announced his campaign in 2017. However a quick analysis of the road to his win makes the results a bit less surprising. The race was known for back and forth attack-ads, funded by out-of-state dollars. Unfortunately for Love the messages selected by the opposition resonated with voters and did not disappear. The most damaging to her campaign were the ads that accused her of ‘illegally’ fundraising. These broad allegations were speaking to a very nuanced accounting requirement that was difficult for the Love campaign to explain in a short sound bite.

Another unfortunate misfavor for the Love campaign was the chaos in both Salt Lake and Utah counties on election day.  The voter turnout at Utah county poll centers was severely underestimated because of the mail in ballots this year. It was rumored there were no more than 5 poll machines to be found in the entire county at the beginning of the day and lines were backed up over 4 hours in certain locations. As an effort to get voters through the lines, provisional ballots were passed out like candy, even to long time registered voters.

The narrow margin between the opponents, the election day chaos fostering mistrust, and the excess of provisional ballots all contributed to the delayed announcement of the results. 18 days after election day Mia Love conceded to McAdams.

McAdams victory creates a vacancy in the position of Salt Lake County Mayor. Democrat U.S. Senate candidate Jenny Wilson, currently a council member, is already laying plans to succeed him. This appointment will be made by the Salt Lake County Democratic Central Committee. Others are considering this, but Wilson has the advantage.

State Senate

The state senate saw one Republican seat flipped with appointed Senator Zehnder losing to his democratic challenger, Senator-elect Riebe in district 8. Riebe is a member of the State School Board and won 55% to 41%.

State House

Although there was no expectation for the Democrats to take the State House, three Republican seats flipped to blue. In District 10 incumbent Representative Pitcher retired and was replaced by Democrat LaWanna Shurtliff. Incumbent Representative Cutler had an unexpected loss to democratic challenger Andrew Stoddard in District 44.

The race that was perhaps the most neck-and-neck in the entire election cycle was for the seat in District 8. The seat has been held for years by Representative Gage Froerer who stepped down from serving in the legislature to take a seat on the Weber County Commission. Gage’s sister-in-law Democrat Deana Froerer had a nail biting race for the seat against Republican Steve Waldrip. At the end of election night, Steve was in the lead by only 25 votes. While the rest of the votes trickled in the margin between candidates would leanger around 50.1 and 49.9 percent.

Harrison vs. Bonham District 32

In 2016 incumbent LaVar Christensen won the House seat in District 32 by 3 votes against Democratic challenger Suzanne Harrison. This election cycle Christensen stepped away from the House to make an unsuccessful run for the Senate. Suzanne came back to fight for the unoccupied seat with a tenacity all prospective politicians should admire. Suzanne is rumored to have knocked on just about every door in the district and her resilience paid off with a 56% win against republican challenger Brad Bonham.

Ballot Initiatives

Question 1

Non-binding Question 1 on Utahns ballet saw a quick death Tuesday evening with 66% opposition. Voters were asked whether or not to implement a 10-cents-per-gallon tax increase to fund public education and local roads. The increase was projected to give an additional $100 million a year to classrooms. But schools in Utah will still see an increase in budgets since the legislator negotiated in spring with Our Schools Now, the group behind the question, by passing a property-tax bill that with allott approximately $200 million annually to education.

Prop 2

Utah voters affirmed the most controversial initiative on the ballot by 52.75%. Proposition 2 allows Utah patients legal access to medical marijuana. But the actual outcome of this is dependent upon the discussions that have been occurring for the last two months.

The group behind the initiative, opponents, and lawmakers have been negotiating a compromise. Critics of the original language found it too broad. Law enforcement was opposed due to the concern that it allowed more than just patients access for recreational uses.

The most noteworthy of the controversial language was the inclusion of affirmative defense, allowing any individual caught in possession with any form of the plant the legal right to dispute that they have a medical condition and are ‘confident’ a healthcare professional would write them a prescription and whatever amount in their possession would be considered the dosage they would ‘likely’ be prescribed.

The Governor has called a Special Session to implement changes that will tighten the language.  Corrections are expected to eliminate the affirmative defense, limit the amount of pharmacies that can be built throughout the state to (5-10), and restrict the form of consumption to just capsule. But, Utah patients will have access to marijuana.

Prop 3

Utahns voted in favor of a 0.15 percent sales tax increase that will provide full Medicaid expansion. By enacting Proposition 3, an estimated $90 million in state revenue in addition to federal funding will provide approximately 150,000 Utahns medical coverage. There is major concern among legislators as to the feasibility of the state funding in the long term, especially when they look to other states which fully expanded. Everyone is enduring enrollments that exceeded projections. At this point it is unknown whether legislators will step in to repeal or make any changes.

Prop 4

The proposition to create an advisory commission for redistricting eaked a win with 50.27% of the vote. This commission’s stated purpose is to advise the legislature as they draw boundaries for congressional, legislative, and school board districts. The caveat is they have the authority to sue the legislature for not adhering to their recommendations and block or delay implementation of these boundaries. Also, membership requirements limits potential members’ past and future political activity. As our own Frank Pignanelli pointed out in his Deseret News column, even his sainted mother, a well respected former city councilwoman would be prohibited from participation.

Constitutional Amendment C

A tug-of-war of power between the Utah legislature and Governor Herbert was decided by a 63% win for Constitutional Amendment C. The amendment will allow the Legislature to call themselves into special session, something that up until November 6th only the governor was allowed to do in the state. The genesis of this amendment stems from 2017 when U.S. Representative Jason Chaffetz resigned from office and Governor Herbert refuted a legislative request for a special session to clarify  the process for a replacement.

Leadership Elections

With the retirement from the legislature of both Speaker Greg Hughes and Senate President Wayne Niederhauser, both chambers selected new leadership teams after the election.

Sen. Stuart Adams from Davis County will serve as the new President of the Senate. Sen. Evan Vickers from Cedar City will be the Majority Leader. Sen Dan Hemmert from Utah County will be whip and Sen. Ann Millner from Weber County will be assistant Whip. Sen. Jerry Stevenson will continue as Appropriations Chair.

In the House, Rep. Brad Wilson has been selected as the new Speaker of the House with Rep. Francis Gibson as Majority Leader, Rep. Mike Schultz as Whip and Rep. Val Peterson as Assistant Whip. Rep. Brad Last will still serve as Appropriations Chair.

The Democrats in both chambers also retained and selected new leaders. Rep. Brian King remains House Minority Leader, Rep. Carol Spackman Moss will be the House Minority Whip, Rep. Angela Romero will continue as the Minority Assistant Whip and Rep. Karen Kwan was selected to serve as the Minority Caucus Manager. Sen. Karen Mayne will take over as Senate Minority Leader with Sen. Escamilla serving as the Minority Whip, Sen. Jani Iwamoto as the Assistant Minority Whip, and Sen.-elect Derek Kitchen will be the Minority Caucus Manager.

Final committee assignments will be announced by the end of November.

Pignanelli and Webb: A final look at political Thanksgiving

Pignanelli & Webb: Well, it’s Thanksgiving weekend and everyone is recovering from turkey and pumpkin pie hangovers or (in Frank’s case) early holiday libations. After the feast, vigorous exercise is warranted, but before you take a brisk walk in the crisp air, take a look at what some of our newsmakers were thankful for as they carved their turkeys.

Every man, woman and child: We are extremely grateful that we can now watch TV and listen to the radio without being bombarded by negative advertising from the McAdams and Love campaigns.

National pollsters, campaign experts, political wise men: Whew. We are grateful the Democratic House takeover occurred as we boldly predicted. We’re also thankful that no one remembers two years ago we were questioning whether the House could flip because of Republican gerrymandering.

Local political consultants, campaign managers and activists: We abundantly thank the authors of our state Constitution that allows for citizen initiatives. The cornucopia of opportunities, revenue and job security we enjoyed this election cycle was indeed bountiful.

Congressman-elect Ben McAdams: Whew. I am especially thankful that the "Year of the Woman" momentum bypassed the 4th District. I will be even more grateful if Nancy Pelosi doesn’t punish me with lousy committee assignments for my campaign ads and public pronouncements that I oppose her as speaker.

Congressman Chris Stewart: I am so grateful for cynical Democratic strategists who convinced Ben McAdams to run in the 4th District instead of the district he lives in.

National news media: We are grateful President Donald Trump makes news 24/7 to boost our ratings and gives us unlimited opportunities to be self-righteous in our protestations of "fake news" and "enemy of the people."

Democratic leaders: We are so obliged to Trump for providing our voters the motivation, inspiration and enthusiasm that we could never instill ourselves. Here’s to more Trump in 2020.

Sen.-elect Mitt Romney: I'm grateful to live in Utah. There is something unique and wonderful about this place … especially because people actually seem to like me — unlike citizens in Massachusetts.Salt Lake County Councilwoman and losing Senate candidate Jenny Wilson: I sincerely appreciate the enlightened voters who sent Mayor Ben to Washington. Of course, I expected to win the Senate race (wink, wink), but it didn’t hurt that running all those campaign ads helped align the forces of the universe to make me the natural pick for Salt Lake County mayor. Thanks to all.

Advertising agencies, TV and radio stations, graphic artists: We are deeply grateful for the cornucopia of blessings our democracy delivers, especially a First Amendment that allows unlimited spending by super PACs and eager billionaires. May they prosper and raise ever more billions of dollars for their right-wing and left-wing causes.

Former Utah governor and Russian ambassador Jon Huntsman Jr.: I'm grateful to survive (so far) various White House purges. If I can refrain from questioning the president's intelligence, a shot at secretary of state could be ahead.

Utah Democratic Chairwoman Daisy Thomas: So this is what it's like to win. Nice feeling. Thanks.

Utah Republican Chairman Rob Anderson: I’m grateful for my family. Otherwise, no comment.

Sen. Orrin Hatch: I'm grateful to the citizens of this great state for allowing me to serve them for so many years. It’s humbling to see the remarkable progress since Brigham and I declared, “This is the place.”

Gov. Gary Herbert: I’m appreciative of so much. I’m not quite as old as Orrin, but with his retirement I accept the mantle as elder statesman of the party.

Lt. Gov. Spencer Cox: I am grateful for the incredible legacy of Herbert. Now the 2020 cycle is here and I can step out of his shadow.

Retiring House Speaker Greg Hughes: I am thankful for my role in resolving homelessness and crime in Salt Lake City and bringing all sides together on medical marijuana. Let me know if more help is needed. I’m around. Just sayin’.

Retiring Senate President Wayne Niederhauser: So, my last official act will be overseeing the special session on medical marijuana. Then, thank goodness ... Free at last. Free at last.

Congressman John Curtis: I’m grateful to remain in Congress, even as a member of the minority. Fortunately, my experience with the strange politics of Utah County has prepared me for anything.

Congressman Rob Bishop: Although I am saddened at losing my committee chairmanship, throwing political bombs at Democrats for the next two years might be a fun way to close out my congressional career.

Attorney General Sean Reyes: I am grateful to defy history and still lead a scandal-free attorney general’s office as I enter the next election cycle.

Sen. Mike Lee: Munificent blessings have been showered upon me the past year. Criminal justice reform, Supreme Court nomination talk — and now being able to call Mitt Romney “junior.”

Congresswoman Mia Love: I’m grateful for the opportunity to serve, for my supporters — and for those who are already encouraging future adventures.

Pignanelli & Webb: We’re grateful that the elections are over, the holidays are here and that the politicians we annoy have a sense of humor — at least most of them

Renae Cowley recipient of Utah Business Magazine 2018 '20 in their 20's'

Foxley & Pignanelli is proud to announce that firm associate, Renae Cowley, has been recognized by Utah Business Magazine as being one of Utah's '20 in their 20's'. This award is given to young professionals who are dynamic, ambitious, and influential in the Utah Business community.

Our firm could not be more proud of Renae and feel this is an exciting way to celebrate her professional accomplishments. For years she has blown us away with her unmatched talent for writing, effective communication with legislators and clients, her ability to create legislative solutions between stakeholders, and campaign management.

Few individuals her age are able to achieve what she has in the first decade of their careers.  Since entering the workforce, Renae has built the reputation for being one of the top campaign managers and political experts in the state, been published on renowned news outlets, and created a personal brand as being on of the top lobbyists in Utah. Renae's intelligence, tenacity, and drive are all contributors to her success and we are anxious to watch her continue to climb and succeed in her career. 

Pignanelli and Webb: More cogitations on election 2018

Election Day is fading in the rearview mirror, but obsessive nerds like us are still reviewing numbers and election minutiae. Like other political pundits, we specialize in dissecting the data to support our biases. We’re happy to share our conclusions.

Although Utah Republicans prevailed, overall, in state and local races, there were some gains for Democrats. Why the mixed bag?

Pignanelli: “Tip O’Neill famously said, ‘All politics is local.’ He was right then. Boy, is he wrong now. In the age of Trump, all politics is national.” — Chuck Todd, NBC News

A bunch of active children in a kiddie pool create a few waves and mostly choppy waters. Utah’s recent election was a giant pond filled with the vigorous forces of enthusiasm for and against President Donald Trump, Mitt Romney, a superheated economy, cultural confusion, suburban angst, millennials, unprecedented initiatives and mail-in ballots. The resulting chop explains inconsistent results.

Three congressional contests produced expected outcomes, but the 4th District remains undecided (at the time of this writing). Local Democrats produced some gains in the Legislature. Romney’s endorsements helped other candidates. Utahns supported medical marijuana but thumped a gasoline tax.

Members of The Church of Jesus Christ of Latter-day Saints, as political candidates, strive to maintain distance between the campaign and their faith. Unfortunately, this profound tradition was briefly blemished by a negative mail piece against the admired Rep. Patrice Arent. Her opponent quoted a well-known battle cry from the Book of Mormon to urge support for him, because Arent is Jewish. Our ecumenical Gov. Gary Herbert rushed to her defense, with respect and humor, as did Deseret Digital Media. Arent was resoundingly re-elected. Another reason to love Utah.

Utah society — and politics — are changing, as reflected last Tuesday. Thus, expect more splashing within the pool.

Webb: Election 2018 was a pretty good environment for Democrats, even in Utah. In many respects, it was a nationalized election focused on Trump, who is not very popular in Utah, especially among suburban women. Trump haters turned out in big numbers to send him a message.

In addition, the ballot measures, especially medical marijuana and Medicaid expansion, encouraged turnout by moderates and liberals. Yes, the Republicans had Romney on the ballot, but his win was assured, so not many Republicans were energized by that contest.

So it’s not surprising that in a few races, Democrats did a bit better than usual.

I’m surprised, given the circumstances, that Ben McAdams didn’t do better against Mia Love. My guess is that the negative campaigning disappointed a lot of voters because it was so out of character for McAdams.

A couple more surprises: I thought the Proposition 4 independent redistricting commission would win fairly easily. I also thought voters would reject the amendment allowing the Legislature to call itself into special session. The voters fooled me.

I was disappointed that the education funding opinion question did poorly. Utah voters routinely list education as the state’s No. 1 issue. But they don’t want to pay for excellent education. We will never be a top education state while spending less per pupil than any state in the country. Our young people deserve better.

Nationally, this was one of the most unusual midterm elections in a long time. Again, why the mixed bag?

Pignanelli: Never before has the party in power lost the House but gained in the Senate. Furthermore, the dynamic of a strong economy with an unpopular president is unique. This year featured a record number of female candidates at federal and state levels (including Utah). The motivations to support or protest the president were a major source of energy among the electorate. All these anomalies and motivations delivered a strange result — and will continue to do so.

Webb: Most Americans are good people, and most are politically centrist. But the national political parties and national politicians don’t reflect this centrism. Hanging on to power has become more important than solving problems. Thus, our elections reflect the national partisanship and acrimony — a country deeply divided.

In historical context, this was an average midterm. The blue wave was a blue ripple. The GOP House losses were average for a first midterm. But picking up Senate seats was better than average for Republicans.

What does it all mean going forward?

Pignanelli: The president’s press conference on Wednesday sent a strong signal he is not changing course, but doubling down. Thus, national and Utah GOP candidates must decide to publicly embrace or reject his style. Further, they will need a strategy on millennials and minorities. Democrats cannot adopt overly progressive mantras and overreach on impeachment activities. Everyone (but Trump) will need to adjust to a changing political landscape.

Webb: There is talk of bipartisanship and finding common ground in Congress. Don’t hold your breath. Democratic presidential candidates and the national news media will hammer Trump at every opportunity. And Trump will aggressively hit back. I expect gridlock and nastiness.

Democrats will probably overreach, giving Trump a fairly straightforward path to re-election in 2020. But to win, he needs to reclaim the suburbs. And that means toning down his anger and rhetoric while still pushing forward on conservative policy.

NOTE: We mourn the passing of our friend and mentor the prominent pollster Dan Jones. This political genius was a positive political influence on thousands of Utahns.

In Memory of Dan Jones

We at Foxley & Pignanelli mourn the recent passing of Utah’s leading political guru and nationally recognized pollster Dan Jones. Dan was not only an unforgettable giant in Utah politics, but a personal friend to us. Our relationship with him goes back 47 years when Douglas Foxley took Dan's state and local government course at Utah State. Subsequently, he ended up enrolling in every other course that Dan taught in addition to staying on at USU for an additional year to be Dan’s Graduate Assistant. Doug was also honored to have Dan be the Chairman of his Thesis Committee. It was Dan's remarkable gift for passionate speaking and empowering others that drew individuals to him.  He leaves behind a great legacy that we wish to honor. 

Please join us in preserving Dan's memory by donating to Dan E. Jones Future Leaders Scholarship fund. This scholarship is supervised by the Hinckley Institute at the University of Utah to honor the public service Dan dedicated to countless individuals to Utah. The scholarship money is awarded to local interns who are committed to public service and who demonstrate outstanding academic accomplishment and leadership potential. You can access information regarding the scholarship at:  https://auxiliary.apps.utah.edu/ugive/designation/3164

Pignanelli and Webb: The Kavanaugh saga's big impact on everyone

The controversy over the confirmation of now-Justice Brett Kavanaugh is seeping into the Nov. 6 midterm elections and even into the realms of how Americans and Utahns interact on many levels. We explore the consequences.

Are the raw and visceral events surrounding the Kavanaugh confirmation just another media blip, or has our national culture been permanently affected?

Pignanelli: “This moment is not going to pass. This moment is with us for a while.”— Matthew Dowd

When I was a skinny 16-year-old, I was molested by a male predator twice my age and size. Just seconds from a brutal rape, I wrestled away and ran. Ashamed, terrified and crippled with guilt, this son of a devout Catholic family could not reveal the trauma to my loving parents, priest or police. My experience does not approximate the suffering of millions of American women, but I am deeply empathetic to victims who did not report sexual assaults — including Dr. Christine Blasey Ford.

As a lawyer and public official, I swore an oath to uphold the federal and state constitutions, including the principles underlying them. In courtrooms and the Capitol, I represented clients and colleagues accused of illegal or unethical conduct. In each instance, I reaffirmed a fundamental precept in America: The law applies to everyone equally. The accused are entitled to confront their accuser and be judged by the evidence available.

These life experiences illustrate how most Utahns struggle with this dilemma. They sympathize with and respect the victim. But those alleged of wrongdoing cannot be convicted in a court of law or arena of public opinion without adequate evidence.

Credible witnesses with conflicting stories are frequent scenarios in America. Tarana Burke, founder of the #MeToo movement, offers resolution with this recommendation: “When we say, ‘Believe survivors,’ it's … people do not often lie about their pain and the trauma of sexual violence … but do not believe them without investigation or interrogation. This is not, ‘Believe people, blanket and don't investigate.’” Well stated.

Webb: This saga has elicited raw feelings on all sides. The believable and heartfelt testimony of Ford was nearly overwhelmed by protesters screaming in the faces of senators. I believe, on balance, the Democrats and their militant activist base overplayed their hand, angering both traditional Republicans and Trump Republicans. They managed to unite and energize a fractured Republican Party.

For example, my wife, Jan, is a moderate Republican. Like many women, she has no use for President Donald Trump. She greatly dislikes his tone and demeanor, his pomposity, his sarcasm, his name-calling, his treatment of women and so forth.But, by the time the Kavanaugh battle was over, Jan — the moderate — was thoroughly disgusted with the way the Democrats and the throngs of protesters behaved. She felt the Democrats were disingenuous, unfair and highly political and were trying to destroy a good man.

Way back in 1968, when CBS News anchor Walter Cronkite suggested that America cease fighting the Vietnam War, President Lyndon Johnson said, “If I’ve lost Cronkite, I’ve lost middle America.”

If the Democrats have lost a significant number of moderate women, they’ve also lost middle America.

Both Republicans and Democrats are expressing outrage to motivate voters in the upcoming elections. Will the emotions remain strong enough through Election Day and beyond to impact the races?

Pignanelli: Because this is more than an ideological variance and is highly personal to voters, passion will remain high long past Election Day.

Webb: An election that was mostly a referendum on Trump is now also a referendum on Democratic extremism and moblike behavior. Trump-hating Democrats were already eager to vote. Now Republicans are just as galvanized. It could hurt Democrats in close races like the Mia Love/Ben McAdams 4th Congressional District battle.

McAdams is a very nice and capable person. He’s a political moderate. He says he won’t support Nancy Pelosi as House speaker.

But the reality is that a vote for McAdams is a vote for the Democratic mob to take over the House. The hysterical Democratic base that has been harassing Republican leaders in restaurants and chasing them down hallways will be in charge. The people who want to impeach Kavanaugh, impeach Trump and eliminate Immigration and Customs Enforcement will control the House.

What is the long-term impact on Utah's politics, society and culture?

Pignanelli: This is dividing families, friends and former political allies. But I am the internal optimist and believe the net result of this controversy is beneficial to our state. Those unfairly traumatized or injured will now be emboldened to come forward, knowing there is a support structure in place. But allegations of criminal or bad behavior — including those made via social media — must now be supported by reasonable evidence or be dismissed.

Webb: This furor will subside. But the reality is that Republicans have won an enormous victory. With Trump’s two recent appointments, the Supreme Court is now majority conservative. Liberals will no longer be able to use the court to move the country to the left. They won’t be able to use the courts to enact policies they can’t get through the legislative branch. Long term, that will be very good for the country.