Political questions abound over ethics, redistricting

A recent Deseret News/KSL-TV survey showed overwhelming support for two ballot initiatives, one proposing strict ethics guidelines for legislators and the other creating an independent redistricting commission. The survey results have good-government groups smiling, a lot of Republican leaders frowning and the entire political community buzzing with questions:

 With such apparent strong public support, will initiative backers get enough signatures to place the proposals on the 2010 ballot, and is victory at the polls a done deal?

Webb: It's by no means a done deal. Getting signatures of 95,000 registered voters is extremely difficult. The initiative backers will attempt to tap into the same network of groups, including the teachers' union, that put the school-voucher referendum on the ballot in 2007 and won passage. But those groups might not be as motivated on these issues as they were with vouchers.

When someone is asked on a survey if he or she supports improving ethics, he or she will always say yes. But that support is superficial. Once voters are educated about the specifics of the proposals, the contest will tighten. Often, laws on complex subjects created by ballot initiative contain the seeds of their own destruction because of flaws and overreaching in the statute language.

These redistricting and ethics proposals were not subjected to the intense scrutiny and refinement that come through the legislative process, where Democrats, Republicans, numerous stakeholder groups, expert staff and various branches of government carefully screen, amend and improve legislation as it works its way through committees, floor votes and is finally signed or vetoed by the governor.

Thus, serious flaws will be pointed out in the months ahead. Opponents, however, will need to raise significant money to get the message out that these proposals are not in the best interest of Utahns.

Pignanelli: "The political and commercial morals of the United States are not merely food for laughter, they are an entire banquet." — Mark Twain

As LaVarr points out, there are comparisons to the referendum that repealed the voucher legislation. However, the vouchers were viewed as a direct threat to teachers and rural communities, thus incentivizing thousands of volunteers. Many Utahns are grumpy at the Legislature, but does that propel them to stand outside for hours soliciting signatures?

If initiatives succeed at ballot placement, expect issues to be raised about the language of the proposal. There are some strange items such as picking names out of a hat for membership in the ethics commission and prohibiting legislators from swearing (that would have shortened my legislative career from 10 years to 10 minutes).

The public doesn't believe most legislators are corrupt, but there is an unease a vacuum of regulation exists. The initiatives will pass or fail depending on how the Legislature soothes the public discomfort.

 Is it likely the Legislature will address these issues in early 2010 to reduce the likelihood of approval by voters in the fall?

Pignanelli: As sure as Glenn Beck will cry on cue and on air sometime next week, the Legislature will address ethics issues next year. History documents the smart approach is comprehensive and bipartisan. In 1994, Merrill Cook and others shrewdly rode the anti-government wave and launched a "term limit" initiative that contained numerous logistical issues. Understanding that public sentiment prevented a wholesale defeat of the effort, Republican and Democratic leaders developed and passed an alternative that was easier to understand but accomplished the same goals. Throughout that election season, Speaker Rob Bishop and other lawmakers (including me as House Minority Leader) traveled throughout the state conveying the message we solved the problem in a bipartisan manner. It worked, and the initiative was defeated.

Webb: Various laws are already being drafted dealing with ethics and campaign finance, and redistricting will also likely be addressed. Good legislation will emerge that will eliminate the need for the ballot initiatives.

 How will ethics and redistricting issues impact legislative races and the gubernatorial campaign in 2010?

Webb: Having those issues on the ballot will be enormous factors in the campaigns ahead. Every candidate will be forced to take a position on the initiatives, and the news media will keep ethics and redistricting front and center. Democrats will attempt to use the issues to their advantage, beating up Republicans who oppose the initiatives. It's going to make for a fascinating election year.

Pignanelli: For many years, I advocated that the Legislature should implement an ethics commission or screening panel to ensure valid complaints were heard and bogus accusations were immediately dismissed. It doesn't have to be as complex as the initiative, but it has to exist.

If legislative leadership hopes to develop an appropriate alternative to the initiatives, it must reach out to Democrats soon. Otherwise, the minority party will become entrenched in their support of the initiatives. This guarantees greater rancor in the 2010 elections, as ethics will be an issue up and down the ballot. Candidates will be forced to choose their preference on ethics: the initiatives or the legislative solution.

Republican LaVarr Webb is a political consultant and lobbyist. Previously, he was policy deputy to Gov. Mike Leavitt and a Deseret News managing editor. E-mail: lwebb@exoro.com. Democrat Frank Pignanelli is a Salt Lake attorney, lobbyist and political adviser. Pignanelli served 10 years in the Utah House of Representatives, six years as House minority leader. His spouse, D'Arcy Dixon Pignanelli, is a Utah state tax commissioner. E-mail: frankp@xmission.com.