Post by Logan on Mar 15, 2016 5:05:22 GMT -6
Judge now tilting toward state in election law battle with Utah GOP
SALT LAKE CITY — A federal judge appears to have changed his thinking that the signature gathering requirements in Utah's controversial election law might be unconstitutional.
In an email to attorneys in the case, U.S. District Judge David Nuffer wrote that written arguments from the Utah Lieutenant Governor's Office and the Utah Democratic Party were persuasive in defending the petition path to the primary election ballot.
Having a path through the state's convention system might be the deciding factor if signature collecting requirements aren't "wholly irrational," he wrote.
At a hearing Monday, assistant attorney general David Wolf argued that if there's "reasonable" access to the ballot through the convention, providing other access is just that much better.
"It's frosting on the cake. It's extra access to the ballot," he said after the hearing. "I guess the Legislature could have a 99 percent requirement, and that would still be constitutional. … Not that I'm suggesting that is good policy."
Read more: www.deseretnews.com/article/865650076/Judge-now-tilting-toward-state-in-election-law-battle-with-Utah-GOP.html
SALT LAKE CITY — A federal judge appears to have changed his thinking that the signature gathering requirements in Utah's controversial election law might be unconstitutional.
In an email to attorneys in the case, U.S. District Judge David Nuffer wrote that written arguments from the Utah Lieutenant Governor's Office and the Utah Democratic Party were persuasive in defending the petition path to the primary election ballot.
Having a path through the state's convention system might be the deciding factor if signature collecting requirements aren't "wholly irrational," he wrote.
At a hearing Monday, assistant attorney general David Wolf argued that if there's "reasonable" access to the ballot through the convention, providing other access is just that much better.
"It's frosting on the cake. It's extra access to the ballot," he said after the hearing. "I guess the Legislature could have a 99 percent requirement, and that would still be constitutional. … Not that I'm suggesting that is good policy."
Read more: www.deseretnews.com/article/865650076/Judge-now-tilting-toward-state-in-election-law-battle-with-Utah-GOP.html