The GOP just can’t resist the temptation to fight election law battles

The Utah Legislature grappled with bills about how nominees are selected, who can vote in primary elections and how proposals get on the ballot.

By Frank Pignanelli & LaVarr Webb

As we all know, the pandemic affected billions of lives. And it also impacted how Utahns elected their political leaders last November. This was reflected in legislation considered by Utah lawmakers earlier this year. Thus, it would be political malpractice for us not to offer our opinions.

SB205, sponsored by Sen. Dan McCay, was on the fast track for passage. This legislation would allow political parties to choose how their nominees are selected — by delegates at a convention, by signature-gathering, or a hybrid. But then the bill died. It was learned there was a meeting with top GOP officials who decided to kill it. But activists promise another attempt. Why will this issue not go away?

Pignanelli: “Breaking Up Is Hard To Do” — song by Neil Sedaka

The defenders of the delegate system refuse to comprehend the Utah political class has moved on and no longer has affection for them.

Despite their small numbers and cluelessness, these diehards are vocal and aggressive. Thus, lawmakers must pay them attention. Sen. McCay crafted a sincere, but complicated, solution that encompassed all alternatives.

But the 1.5 million Utahns who voted in the 2020 election will not tolerate a return to a system that gives .0002 % of voters total power to determine GOP nominees. This prevalent emotion could drive an initiative or referendum. Lawmakers also understand this, which effectively prevents major legislative changes.

Time and attrition will eventually end the controversy. The strident minority will receive the political equivalent of “Dear John, we will always be friends ... ”

Webb: SB205 would have turned the candidate nomination process over to political insiders. The Republican Party would turn exclusively to convention delegates to determine party nominees, or who gets on the primary election ballot, excluding hundreds of thousands of voters from the process.

It also could have ripped apart the Republican Party, severely damaging fundraising and producing another big intra-party brawl. Proponents of the SB54/Count My Vote compromise were considering a referendum to repeal SB205, or another ballot initiative to create a simple direct primary election in Utah.

Cooler heads prevailed and SB205 was tabled. The vast majority of Utahns support SB54’s hybrid approach to the nomination process. Most candidates like the ability to gather signatures to get on the ballot.

So, how about, instead of continuing to brawl over this issue, we instead make a few needed repairs to SB54, including improving the signature-gathering requirements and dealing with the plurality issue when multiple candidates are on the primary ballot?

For a freshman lawmaker, Rep. Jordan Teuscher had a busy and productive session. He sponsored HB136, the initiative modifications bill, which would make it much more difficult for citizens to get proposals on the election ballot.

Pignanelli: Our state constitution wisely allows for a public initiatives. This provides opportunities for policy discussions outside the legislative process. Yet, problems were percolating. Signatories and voters did not always have pertinent information when considering the initiatives in 2018. If they had, the results may have been different. The legislation leaves a strong procedure in place, while preventing abuses. Utahns will have greater access to information when engaging in this important activity.

Webb: Utah’s Constitution allows citizens to make laws, and the process is already very difficult and costly, requiring a majority vote in a statewide election. The Legislature makes hundreds of new laws each year. By contrast, only a tiny handful of laws have been enacted by citizens over the last several years, and they have been promptly amended (properly so) by the Legislature.

Thus, HB136 is a solution in search of a problem. It’s not like citizens are willy-nilly enacting a bunch of dumb laws. I absolutely agree that the Legislature should be making the vast majority of laws and it should be very difficult — and it already is — for citizens to go around the Legislature.

But there ought to be a reasonable means for citizens to enact a law, and HB136 goes so far as to make citizen-lawmaking nearly impossible.

Rep. Teuscher also sponsored HB197, the voter affiliation amendments, which limits the ability of individuals to change party affiliation after March 31 of a primary election year. This was in direct response to many Utahns switching to participate in the 2020 GOP primary. Was this really needed?

Pignanelli: In 2020, 70,000 Utahns switched affiliation to vote in the GOP primary, almost all in good faith because they preferred one of the four gubernatorial candidates. Spencer Cox led in the polls for the nomination cycle and the new voters only verified his wide support. Concerns about down ballot races when voters shift at the last minute may be more realistic.

Because of the changing dynamics and demographics of political parties, this issue could be revisited in the future. Candidates will want the ability to recruit new categories of supporters.

Webb: HB197 is another solution in search of a problem. Democrats voting in Republican primaries hasn’t been a problem, and hasn’t skewed elections, even in 2020. Under President Ronald Reagan, the GOP was a big tent. Reagan encouraged participation in the party, welcoming independents, unaffiliated voters and even Democrats who wanted to vote for Republican candidates.

Today’s party is in danger of becoming the party of exclusion, purity and litmus tests. It is a sign of insecurity. In reality, Utah’s Republican Party is strong and dominant and will continue to win almost every major race well into the future. It has no need to be fear a few more independent, moderate or even liberal Utahns registering as Republicans and voting in a GOP primary.

The Utah legislative session is over, but plenty of work lies ahead

From COVID-19 to education, legislative politics continues

By Frank Pignanelli & LaVarr Webb

The 2021 general session of the Utah Legislature ended a week ago ... but, rest assured, legislative politics continues on. We review some of the ongoing controversies.

In his State of the State address, Gov. Spencer Cox suggested that he would veto more bills than his predecessor. What are the ramifications should he do?

Pignanelli: “It is much more important to kill bad bills than to pass good ones.” ― Calvin Coolidge

The gubernatorial veto is the kale salad of lawmaking. Few enjoy the taste, but all benefit from the steely nutrition.

My sentiment for this constitutional prerogative was developed through 35 years of public service and lobbying on Capitol Hill. I believe the occasional veto enhances deliberations and strengthens both elected branches. First, a well-used veto pen provides legislative leaders a tool to persuade recalcitrant lawmakers to modify their beloved bills or face defeat at the governor’s desk.

Secondly, the dynamics of a veto override session prompt coalition building. Legislators search for allies to override the rejection, while the governor befriends factions to sustain his decision. (Even the minority party can join in the fun.) Both sides promise to review the specific issues to curry support. Such machinations foster strong public policy deliberations.

Then there is the necessary public relations component that a veto reminds voters their representatives are engaged in an important democratic activity.

Gov. Cox and his staff are fielding numerous requests for this action. Among other considerations, they will analyze the Senate and House vote counts and the possibility of an override. (Note: I have several clients that may pursue, or object to, a veto of legislation.)

Thus, a veto is the necessary vegetable that strengthens the body politic.

Webb: Some of us like to watch a good political fight. But we aren’t likely to see a lot of sparks fly between the governor and lawmakers. Surprises always pop up, but most of the potential disagreements, at least the major ones, were ironed out (or died out) during the session.

A few bills are usually vetoed after every session, some for technical reasons. But on a number of big issues, including executive branch emergency powers, Count My Vote and transgender issues, legislators and the governor did some talking and compromising. The bills either died in the legislative process or differences were worked out.

That’s actually a good way to govern — even if it’s boring. It once again demonstrates that good governance and problem-solving occur on the state level, while dysfunction and hyperpartisanship continue in Congress.

What were key legislative achievements? Which will most benefit Utah families and business?

Pignanelli: The serious infusion of dollars into the public education system will help teachers and parents with their students who suffered through the pandemic. Direct expenditures and bonding will fund numerous construction and transportation projects. This assures to maintain growth, especially with a potential downturn looming. The mandate for legislative involvement in long term emergencies will help future generations.

Webb: It was a very good session, especially considering it occurred during a year of fighting the pandemic and the ensuing economic downturn. Rather than retrench, lawmakers were able to make important investments in education, infrastructure, affordable housing, parks and many other areas.

Utah’s biggest challenge continues to be rapid growth. Lawmakers were wise to invest a lot of money to ensure a good quality of life for future generations. And the teacher bonus was a nice gesture to dedicated educators who have been stretched and stressed over the last year.

There are always things to quibble about. I wasn’t a big fan of the modest tax cut, although it was targeted pretty well. Most recipients won’t even notice it. The money could have better been spent to further bolster education, especially teacher salaries.

Because of the pandemic, many lawmakers felt 2020 was a never-ending series of legislative activities that spilled into the 2021 session. They are rightfully exhausted. But interim committees and a redistricting special session are ahead this year. What is likely to be reviewed and studied for the remainder of this year?

Pignanelli: The always evolving fields of technology, financial services and health care will be studied — possibly fostering legislation. Recalibration of state agencies will be occurring, including positioning of metrics to monitor government efficiency. Of course, the redrawing of political boundaries will haunt the minds of our elected representatives, culminating in a fall special session. Watch for this entertaining topic in future columns.

Webb: Redistricting will be the big issue this year, and it will be historic, with an independent redistricting commission recommending district boundaries for legislators, Congress and the State School Board. The interaction between the independent commission and the Legislature’s own Redistricting Committee will be something to watch.

Utah is going to get a big chunk of money from the federal COVID-19 relief legislation (although probably not as much as we deserve). Depending on how prescriptive the spending guidelines are, a special session could be required to appropriate that money. That might mean more money for infrastructure because one-time money should not be spent for on-going programs.

Why is national politics so acrimonious, while state government is effective?

As the Utah legislative session concludes, the disconnect between national and local political interests is on full display.

By Frank Pignanelli & LaVarr Webb

The Legislature just finished a jam-packed 45-day session that was productive and mostly cordial. Meanwhile, at the national level, high-profile Republicans and Democrats have been lobbing insults and accusations at each other and even at moderate members of their own parties. We have opinions about these remarkable contrasts.

Pundits say rhetoric at the Conservative Political Action Conference is evidence of the implosion and demise of the national Republican Party, especially because of its attachment to former President Donald J. Trump. Were such dynamics reflected in Utah’s recent legislative activities?

Pignanelli: “The first thing the federal government can do to help is get out of the way.”— Bob Schaffer

Often the juxtaposition of national political leaders with state officials is evocative of typical parent-teenager relationships. Clearly, lawmakers and governors are the adults confronting everyday concerns, dealing with deadlines, anticipating issues and balancing budgets. In comparison, a frequent display of federal nonsense is adolescent behavior. While these differences existed for generations, they are notably stark in 2021.

The pandemic is a turbo accelerator of change in our lifestyles and society. Utah officials are not waiting for guidance. Instead, they are rapidly adjusting government in response to these new dynamics with practical considerations. Although very conservative, many legislative Republicans (through the leadership of President Stuart Adams and Speaker Brad Wilson) are engaged in efforts to craft public initiatives in response to changes in health care, education, technology, growth, etc. As a 34-year-old veteran of the process, what happened in the last six weeks was distinctive and now likely a permanent fixture.

These activities are replicating to some degree in other states. This invigoration dismisses the claims of foolish pundits and documents that the GOP is very much alive and well. Although change is occurring, complaints about teenagers and Washington, D.C., remain the ever constant.

Webb: The Utah Republican Party has its factions, but it is generally united. One thing that will help unite the national GOP over the next few years is opposition to the most liberal administration and congressional majority in the history of the country.

A good share of the acrimony and chaos at the national level is a result of congressional majorities and presidential administrations (in both parties) attempting to impose one-size-fits-all solutions on the entire country when half the country rejects those solutions.

It would make far better sense, on issues where states should have primacy, to allow each state to solve its own problems. Let Utah be Utah and let California be California. Mandates from Washington anger half the country and produce the sort of dysfunction and gridlock we see in Congress.

A great example is the $15 per hour mandatory federal minimum wage demanded by the Biden administration. Liberal states and their politicians want it. Conservative states and their politicians don’t want it. So we end up with angry, bloody fights in Congress.

So why not do the sensible thing? Keep the feds out of it. Let states and local governments do what they think is best for them based on local conditions. We live in a big, diverse country. What works in San Francisco is different than what works In Provo.

Republicans and Democrats in Congress would still have plenty to fight about, like immigration, foreign policy and other things that are uniquely federal responsibilities. But they could cut their bickering in half if they allowed states and local governments to control programs that are better served by local solutions rather than national mandates.

Of course, funding for these programs would need to be left in the states rather than being collected by the IRS and then sent back to the states in diminished amounts.

Are Utah Democrats suffering from the antics of their national counterparts?

Pignanelli: Progressives are threatening congressional Democrats who do not fully support their agenda. (The hilarious inconsistency of their anger at Trump supporters targeting moderate Republicans is lost on them.) Utah Democrat lawmakers have rejected such narrow thinking. Despite their limited numbers, Democrats collaborated with Republicans to pass substantial policy initiatives in various areas. Led by leaders like Sen. Karen Mayne and Rep. Brian King, the minority caucuses have influenced many deliberations in the post pandemic restructuring. This is a credit to the Democrats and to the Republicans who value their input.

Webb: Utah has a small contingent of truly left-wing Democrats, but it is a lonely group that is mostly ignored. The GOP legislative domination is a fairly benevolent dictatorship. Democrats are mostly listened to and even sponsor important legislation. Most Utah Democratic lawmakers are practical and effective.

With such a disconnect between national and local political interests, who will prevail?

Pignanelli: Federal politicians and the national media feed each other in dominating “America’s political discourse” (a kind description). But history documents the focus of state and other regional officials is what percolates into long-term electoral success. This will exponentially increase as social media highlights the ability of state officials to accomplish pragmatic objectives of benefit to constituents — especially in comparison to the federal process.

Webb: The federal government will continue to grow larger, more domineering, and more indebted ($28 trillion and counting) until states have tools to push back to achieve a proper balance in the federal system.

Tough issues ahead in final week of Utah legislative session

Lawmakers are grappling with tax cuts, emergency powers and a host of other issues.

By Frank Pignanelli & LaVarr Webb

The Legislature will adjourn “sine die” in one week. Many of the major issues are now distilling toward resolution — or facing further study. (The technical phrase is “kicking the can down the road”). But Utahns can feel proud that lawmakers accomplished much during a pandemic and in uncertain economic times. We review a few major issues.

During the session, lawmakers wrestled with a number of policy decisions fostered by the pandemic. These include setting parameters of the emergency powers provided to the governor and local health departments. Is the Legislature jerking the governor’s chain, or is this no big deal?

Pignanelli: “Emergencies have always been the pretext on which the safeguards of individual liberty have been eroded.” – Friedrich Hayek

Regular maintenance on an automobile (i.e., tuneup, oil change) is absolutely necessary to prevent catastrophe. Similarly, the engine of state government needs frequent evaluation by lawmakers to ensure efficient driving. This is especially imperative in times of crisis.

A classic example occurred last year. Gov. Gary Herbert and Lt. Gov. Spencer Cox assembled impressive individuals to develop an amazing blueprint in response to health care and societal demands during this difficult time. But economic harm was transpiring. The Legislature created the Public Health and Economic Emergency Commission, which utilized the business acumen of lawmakers to insure a well-balanced plan of recovery. The result is the best economy in the country.

The legislation pushed by Sen. Evan Vickers allows flexibility for state and county health officials the first 30 days of a crisis. But beyond that, a structure is in place to ensure appropriate safeguards on overreaching authority. The pandemic taught us a successful outcome depends upon heavy reliance on health officials, along with strong engagement by executive and legislative elected officials.

As with drivers and their cars, citizens rely on the evaluation by experts as to needed repairs in government.

Webb: This was supposed to be a hot issue sparking a big executive/legislative battle. But it fizzled amid a flurry of negotiation and compromise. Don’t you just hate it when two branches of government actually get together and work out differences?

Now the Legislature ought to follow its own example on another burning issue and negotiate a mutually acceptable agreement with Count My Vote/SB54 supporters. A current bill, SB205, would gut SB54, which opened up the candidate selection process to all voters. SB205 would allow political parties to give total control of who gets on the primary ballot to a relatively few convention delegates, excluding hundreds of thousands of voters.

This issue promises to be far more divisive and destructive than the fight over emergency powers. SB205 sends a message that mainstream Republicans aren’t welcome in the party. It will dry up party fundraising from prominent Republicans and community leaders. It might also spark a new multimillion-dollar ballot initiative campaign that would impose a direct primary election and eliminate the caucus/convention system as a means to nominate candidates.

It’s not too late to negotiate and compromise.

Last week, with final revenue projections tallied, lawmakers revealed what was expected: A budget surplus of over $1.5 billion. There’s also talk of bonding for infrastructure. What’s likely to happen in the final week?

Pignanelli: Yes, there’s a huge surplus, but not a windfall. Much was created by eliminating additional appropriations approved in 2020 and cutting the base budget. So just backfilling program deficits created a year ago removes a substantial chunk of this awkwardly titled resource. Demands of education and Medicaid expansion are increasing and will be the focus of additional resources.

There is a strong push to bond for capital projects, to keep the economy humming. Some lawmakers are nervous about the crunch of debt and other obligations in a potential future downturn. Critical items easily funded with one-time dollars are likely beneficiaries while on going activities will receive closer scrutiny.

Webb: Infrastructure is a safe and effective way to spend surplus revenue that may not continue in the future. Infrastructure spending invests in the future, boosting Utah’s economy and generating future tax revenue. If hard times arrive, it’s much easier to cut back infrastructure spending than money spent in other departments boosting program budgets and hiring people. Utah’s debt burden is modest and bonds are quickly retired. The state’s overall financial standing is a reflection of solid, frugal management and a strong economy.

Lawmakers will apparently grant a tax cut. Is it meaningful, or just a token gesture?

Pignanelli: Utah may be the only state to provide some relief — a significant compliment. Further, these tax cuts are focused on certain demographic groups that have a greater need, rather than some small general reduction.

Webb: With economic uncertainty ahead, this was not the year for a broad tax cut. But with a large surplus, a relatively small tax cut targeted to help families, military retirees and low-income elderly, is appropriate.

Romney, Trump and the future of the GOP

Sen. Mitt Romney was one of seven Republicans to vote for Trump’s conviction. Will the GOP of the future follow his lead, or stay loyal to Trump?

By Frank Pignanelli & LaVarr Webb, Contributors

While citizens were appropriately focused on vaccinations, rebuilding the economy and repairing the education system, the U.S. Senate was busy with the second impeachment trial of former President Donald J. Trump. Much has already been written about the political impact of this historic event and the future of the Republican Party post-Trump. But we can’t help but pile on.

Sen. Mike Lee was among 43 colleagues who acquitted Trump, while Sen. Mitt Romney was one of seven Republicans who voted to convict. Will national and Utah Republicans punish Romney for his vote?

Pignanelli: “The Liz Cheney vote tells you what Republicans really think.” — Chris Christie

Jenga is a popular game wherein players compete in removing wooden blocks from a tower until it ultimately collapses. Most of the animosity toward Romney was constructed by his antagonistic relationship with Trump. Like a Jenga tower, over time this will disintegrate.

Polls indicate a majority of Republicans support President Trump. But recent developments reveal GOP leaders are distancing from him. Congresswoman Cheney was overwhelmingly affirmed in a leadership position despite her impeachment vote. The nation’s most powerful Republican, Senate Minority Leader Mitch McConnell, publicly excoriated Trump and held him responsible for the events of Jan. 6. McConnell sent a clear message that actions against Trump should not cease and gave Romney a pass.

Romney will likely confront a 2024 convention battle as he did in 2018. But over the next four years, he can demonstrate his conservative bona fides when pushing back against a Democratic administration.

The Jenga tower built on Trump’s hostility to Romney is slowly losing blocks and will eventually fall.

Webb: The Utah Republican Party wisely issued a statement invoking Ronald Reagan’s “big tent” aspiration for the party. The statement seeks to avoid an intra-party fight by saying, “disagreement is natural and healthy,” and it’s OK for Republicans to “showcase a diversity of thought.”

So Romney won’t be formally censured by the party, but a lot of Utah Republicans are disappointed in his continued antipathy toward Trump (except when he was a candidate for secretary of state). If Romney seeks reelection in 2024 he will almost certainly face a strong GOP opponent.

As I’ve written previously, I have little sympathy for Trump, because he brought his problems on himself with his narcissism. But I feel bad for his followers, and I feel bad for the policy setbacks that are coming. The Biden administration is taking a hard lurch to the left, to the detriment of the country.

Romney, like most Democrats, will probably never understand Trump’s appeal to average, working-class, patriotic Republicans who feel left behind. These are heartland Americans who resent coastal and big-city elites labeling them domestic terrorists and considering them systemically racist. They feel vulnerable to Big Tech canceling or censoring them. They fear losing jobs if they say something politically incorrect. They believe their conservative family values and moral principles are under attack. Identity and victimhood politics repel them. They really do cling to their guns and religion. And there are a lot more of these folks than the elitists recognize.

Will the Republican Party break into pro-Trump and establishment factions that are hostile to each other?

Pignanelli: Even a casual observer of the news would conclude a split within GOP ranks has existed since 2015. But many traditional Republicans remained quiet as Trump’s success isolated their concerns. Trumpistas possess the advantage of an ideology attached to a charismatic individual, whereas mainstream Republicans have not coalesced around a nationally recognized leader as of yet. But the disadvantage for Trumpistas is their mentor will soon be distracted by legal and financial pressures. The two opposing forces will be pitted against each other in 2022. Eventually there will be several candidates who can appeal to the Trump base but also excite the conventional, while organizing a coalition to compete against Vice President Kamala Harris.

Webb: I don’t see a problem for state and congressional races in Utah, but Republicans won’t win another presidential election until Trump Republicans and establishment Republicans can unite on a candidate. That won’t be easy.

Since Trump lost, neither the Biden administration or establishment Republicans have made any attempt to understand, or appeal to, heartland, working-class Republicans. In fact, the opposite is true. The Biden agenda of big government, higher taxes, social justice, environmental extremism, identity politics and cancel culture is their worst nightmare.

Establishment politicians live in an echo chamber where they watch network news, read The New York Times and The Washington Post, and receive positive feedback from Hollywood, big business and Big Tech. And they think that’s America. There’s a whole side of America out there that can’t relate to them and they can’t relate to it.

How long will Trump continue to be a factor in U.S. politics?

Pignanelli: It is rare for a former president to have extraordinary influence on a political party. (Exceptions include Andrew Jackson, Grover Cleveland, Theodore Roosevelt). History suggests that Trump’s dedicated base will decrease over time. But many of our beloved traditions were smashed in the last several years, and this may be a victim. Regardless, presidential contenders will have a Trump strategy in 2024.

Webb: It really is up to Trump. No one knows what role he will play. I very much want the party to move beyond Trump. But the party must better understand his followers and bring them along.

Can the Grand Old Party survive its current woes?

By Frank Pignanelli & LaVarr Webb

Amid Trump’s second impeachment trial and serious disagreement among its leaders, the Republican Party is in turmoil.

In the past several months, the national Republican Party has taken some punches. The party lost control of the U.S. Senate, Donald Trump lost the presidency and his second impeachment trial is underway. Wyoming Congresswoman Liz Cheney fended off challenges to her leadership position. A Georgia congresswoman who holds bizarre conspiracy theories was stripped of committee assignments. Longtime donors are reassessing commitments to GOP candidates who didn’t accept President Joe Biden’s victory. We assess the current status of the Grand Old Party.

What is the impact of all this turmoil on Utah Republicans?

Pignanelli: “Republicans found Biden more progressive than they thought he would be, but we’re too busy killing each other to really focus on that.” — Sarah Chamberlain, president of Republican Main Street Partnership

In the past six decades, the GOP was declared dead or mortally wounded by experts in at least three periods of political tumult — 1964, 1974 and 2008. Yet, within a few years the party rebounded to claim the presidency and/or houses of Congress and numerous state offices. These prophets of doom were wrong then, as they are now.

All the rancor occurring within the GOP is needed strife. Throughout American history, both parties have been affected with strange and destructive elements (e.g. McCarthyism, segregationists, etc.), which fostered internal bloodletting and eventual adjustments. Currently, national politicians are attempting the dangerous dance of appeasing extremists and more traditional conservatives.

Utahns are a practical pragmatic people who do not tolerate fringe elements of either side of the political spectrum in public office. Our state has cultivated a well-deserved prestige for excellent management and refined politics. Voters quietly but efficiently dispatch officials who risk embarrassment to this reputation. Extreme elements in either party may detest such maturity, but that is where the electorate exists (thank goodness). Our representatives in Washington, D.C., who understand this dynamic will flourish.

As in other troubled episodes of America’s political history, Utah officials will provide adult supervision.

Webb: Republicans need to do a couple of things. One is to move on from the Trump era — but do it very gently. I say gently because Trump Republicans and traditional Republicans must reunite or forget about winning another presidential election. All conservatives should celebrate the remarkable economic, trade, regulatory, foreign policy, religious freedom, cultural values and judicial appointment accomplishments of Trump, while remembering his character and personality flaws as instructive lessons.

Trump had great courage to stand up to the elitists and arch-liberals and enact policies that produced the best economy in history for people of color and blue-collar workers. But he is no longer president, so it’s time to move on.

Second, Republicans need to sit back and watch and enjoy as progressives run wild. They will greatly overreach, abandon family values, and make government bigger and more expensive. They will sneer at heartland Americans as bigots and domestic terrorists who must be censored, canceled and deprogrammed. They will vastly overrate a mandate they don’t have, and vastly underestimate the number of mainstream Americans who do not agree with their left-wing agenda.

Specific advice to Utah Congressman Burgess Owens: It’s great to hold strong conservative views, to fight for family values and oppose the Democrats’ lurch to the left. But you must avoid tilting into conspiracy theories and far-right absurdities or you will be a one-term congressman.

Are the national controversies impacting Utah legislators’ deliberations during the current session?

Pignanelli: It is my experience that lawmakers are self-contained for 45 days during the session, impervious to most activities on a national level, unless the commotion is impossible to ignore. Other than trying to predict federal funds, nothing in Washington, D.C., is of use to legislators as they wrestle with budgetary, education, economic and social issues.

Webb: Utah is not an island and is not immune from national politics or economic trends. But the governance contrast between the two levels is simply remarkable. In Utah we solve our problems, we balance our budgets and we take care of citizen needs. Utahns should thank the nation’s founders every day for establishing a federalist system giving states primacy over day-to-day government functions. Unfortunately, much state authority has been usurped by the federal government and a rebalancing is badly needed.

Are the Democrats poised for a similar civil war at some point in the near future?

Pignanelli: The battle between the left and moderates was a subdued violence, lasting for years. The coup d’état by progressives quietly prevailed in the past decade. Thus, socialist Bernie Sanders was able to assume control over major portions of a political party for which he was never registered. While there are still scattered voices of a mainstream policy, there is no recognized leader of such. Another struggle may occur in the near future, depending upon the Republicans’ messaging and performance in the next election.

Webb: The Democratic left should have been chastened by Barack Obama’s 1,000-seat loss (congressional, gubernatorial and legislative) during his presidency and by the election of Trump. But they are so blinded by progressive dogma that they will continue their inexorable march to the left.

Utah lawmakers show how to legislate effectively amid a pandemic

By Frank Pignanelli & LaVarr Webb

The Legislature just completed its third week in session. The COVID-19 crisis is impacting the lawmaking process, like every other institution in society. We provide our perspectives.

How is the pandemic impacting lawmakers’ deliberations and the ability of the public to observe them?

Pignanelli: “COVID has acted like a time machine: It brought 2030 to 2020.” — Loren Padelford, vice president of Shopify

As a lawmaker during the 1996 legislative session, I labored with my colleagues to generate initial steps to digitize legislation and other documents. Exhibiting dinosaur tendencies, I did not own a computer at the time and was blissfully unaware of benefits to such newfangled ventures.

Soon, the Legislature developed an award-winning website that exponentially expanded public observation into their deliberations for more than two decades. But to have an impact, lobbyists and the public still interacted on a personal basis. Any thoughts about virtual attendance were the dreams of science fiction. That future has arrived.

The Legislature has more than fulfilled its commitment to providing public access to deliberations, whether in a safe environment at the Capitol or through electronic means, during this pandemic. Most lawmakers are accommodating discussions with constituents, lobbyists and the media. Of extreme importance, legislators can participate — and residents can testify — in a committee hearing without leaving their home. Such contributions are actually encouraged. Many lawmakers published emails, newsletters and YouTube videos explaining how constituents can observe and share their opinions.

However, these hybrid procedures are not stress free and can be difficult for legislators, lobbyists and activists. But the pain is shared equally, soothed with a genuine effort to make the process work.

The benefits of virtual lawmaking are slowly maturing. Consequently, dinosaurs like me are adapting — to avoid extinction.

Webb: Thankfully, I’m only monitoring a few legislative issues this year as they are debated in committees and on the floors of the House and Senate. I’m doing it all remotely from my farm as I watch wild turkeys in my yard, the toms strutting around and fanning their tail feathers to impress the hens.

I believe legislative leaders have done a great job opening legislative proceedings to interested Utahns across the state. Remote access is not perfect, but it’s really quite good. Post-pandemic, those who want to be at the Capitol in person will be able to do so, while many others will engage from home or office.

In the meantime, I get to compare strutting lawmakers to strutting turkeys.

In addition to the needed activities to directly respond to COVID-19, how has the pandemic changed the focus of legislative priorities?

Pignanelli: Telehealth — electronic conversations between patients and medical providers — was once an intriguing but minor activity. The pandemic instigated a blossoming of this health care delivery component. The Legislature is now wrestling with issues including consumer protection and payment as this activity will be a permanent fixture. The amplified use of technology is prompting multiple deliberations regarding privacy, content censuring, safeguarding privacy, etc. Overseeing public and higher education is happening through a different prism. A reexamination of how government communicates and interacts with citizens is occurring.

Webb: The biggest priority is to defeat the virus without destroying the economy and reducing individual freedom. On the latter point, legislators will likely attempt to rein in the executive branch’s use of emergency powers. That may provide some drama. Gov. Spencer Cox has already hinted at vetoes if lawmakers try to curtail executive branch authority.

A second big priority is to take advantage of what we’ve learned from being forced to work remotely and do almost everything online. If lawmakers help enable and institutionalize telehealth, telework, telelearning and remote access to government services, we can reduce highway congestion and pollution, save money on commuting, reduce office costs, revitalize rural economies and address the housing crisis with more people able to live in rural communities where homes are less expensive. Never let a crisis go to waste.

Pignanelli: A GOP supermajority guarantees passage of their priorities. Democrats are not shy in articulating their issues. But respect and the occasional joint effort is the absolute norm between the parties. Congress could learn much from our local leaders.

Webb: Utah politics is dominated and dictated by Republicans, but it’s mostly a benevolent dictatorship. Democrats sponsor important legislation; their bills get fair hearings and debate; they work with Republicans on a lot of key issues. So far, even the highly partisan issue of redistricting is seeing bipartisanship.

By contrast, President Joe Biden’s much-praised call for unity has fizzled like a popped balloon. His 40-plus executive orders that bypass Congress (including some that directly impact Utah) are anything but unifying. He listened politely to 10 Republicans who suggested a compromise on budget-busting pandemic relief, but don’t expect any meaningful concessions.

Division and uber-partisanship is even worse in Congress, which is almost irretrievably broken. Congress will never reform itself. It needs intervention and disruption by the states — a return to balanced federalism — to fix America’s governance crisis.