- Utah County Clerk Aaron Davidson told the Deseret News earlier this week that he tracks how some local politicians cast their ballots – whether by mail, drop box or in person.
- Davidson says returning a ballot by mail isn’t as secure or safe as putting it in a drop box.
- An Eagle Mountain state representative said Davidson made remarks to her about how she submitted her ballot in the primary election.
Utah
Sens. Lee and Romney make a power play for Utah and the West
Republican lawmakers in the West say they want states to control more of their own land, rather than Washington, D.C., officials, especially as the state’s residents are deprived of benefits they would get if it was under state ownership.
Sen. Mike Lee along with Sen. Mitt Romney and Utah Reps. John Curtis, Celeste Maloy, Blake Moore, Burgess Owens and Wyoming Rep. Harriet Hageman submitted a friend of the court brief to support Utah’s case before the U.S. Supreme Court as the state hopes to take control of 18.5 million acres of unappropriated land.
The public land Utah wants to bring back under state control doesn’t include national parks, national monuments and national forests — much of it is desert scape or farm lands, not necessarily the photo-worthy landscapes some people think of when they hear the term public lands.
The federal government oversees 70% of the state’s land, and rules can change on how that land can be used depending on who is in charge of the White House. In the brief, lawmakers said they submitted it not only because it is a constitutional issue, but because they wanted to begin reversing harms Utah and the West have experienced from federal government control over their lands.
Lee said in a statement to the Deseret News that the vast control of Utah land by the federal government “has increasingly limited what Utahns can do in their backyard.”
“This has to change, and I am proud to stand with Utah families — along with our entire congressional delegation — urging the Supreme Court to allow this case to move,” Lee continued.
In Romney’s statement to the Deseret News, he noted Utah has “one of the highest percentages of its land owned by the federal government.”
“Whether or not the federal government can continue to indefinitely control more than 18 million acres of this land—which is currently unappropriated—should be considered,” said Romney. “Public lands are best managed by those closest to them.”
Frustrated over the lack of local control over the land, state lawmakers in Utah decided to go straight to the Supreme Court, to address some of the harms they see to the state’s resident. Federal agencies can impact the livelihoods of Utahns by saying how much access farmers have to land for grazing, which roads Utahns can use or where campers can set up their tents.
The state hired former U.S. Solicitor General Paul Clement and seasoned Supreme Court advocate Erin Murphy to argue the case. The suit argues the federal government makes money off Utah’s lands through commercial filmmaking and grazing and the state loses out on that revenue.
But more than that, Utah said the federal government’s control of the land was unconstitutional — and that the feds would not budge when asked to return unappropriated land to the state. Unappropriated land is land held by the Bureau of Land Management that isn’t reserved for a designated purpose.
Who gets to control the land?
There are a couple of core questions the lawsuit wants the Supreme Court to rule on. Should states or the federal government have sovereignty or control over these lands? And, is it fair for people living in the state to face changing rules on how the land is used?
In their brief, Lee, Romney and the representatives made the case the Supreme Court should give Utah control over unappropriated land. They noted Utah’s lawsuit came after state leaders repeatedly requested the federal government give up these lands — only to be repeatedly ignored.
It’s a uniquely western phenomenon to have more than half of the land in a state controlled by the federal government. According to Ballotpedia, most states East of the Mississippi have well below 10% of their land owned by the federal government, but in the West that number is much higher. The lawmakers say this puts the state on unequal footing with other states in the U.S.
Nearly half of the land the federal government owns in Utah is used either for profit or is just held, said the group of politicians in the brief. It isn’t used under a specific constitutional power. But because Utah doesn’t own the land, the state can’t tax or regulate it.
This means the federal government denies Utah basic powers other states have over their land, the brief says. This is unique to Utah and nine other Western states that also have a lot of land owned by the federal government.
“By allocating control over one-third of Utah’s land to the BLM (Bureau of Land Management), the United States altogether denies Utah ownership over that land,” said the brief. This reduces equality with other states and “imposes second-class status” onto Utah and other Western states.
Utah and Western states can’t manage lands within their own boundaries in ways that would lead to the flourishing of citizens, the brief says.
The brief raises another issue — the president’s control over state lands. To the frustration of local citizens, presidents have expanded the size of national monuments without input from local residents. Former President Bill Clinton designated Grand Staircase-Escalante National Monument without stepping foot on Utah soil. The area was going to be used for coal mining and people in the surrounding area experienced economic hardship because of the monument designation.
Presidents can step in and declare land monuments or not because of the Antiquities Act. It’s a law which the brief said has allowed presidents to vastly expand monuments and landmarks without limit.
“The President should not have more control over Utah’s land than the people of Utah or their elected representatives,” said the brief. The Supreme Court’s ruling on Utah’s lawsuit could end up resolving some existing legal issues involving the Antiquities Act.
The brief does raise some of the issues local residents have faced because of the federal control of land.
In Panguitch, a charming town that’s the seat of Garfield County, local sawmill workers faced unemployment when the amount of timber the mill was allowed to take out of the national forests was whittled down. Even as one of the main industries that kept the town booming was shut down in 1996, state and federal lawmakers could do nothing about it.
SUWA response to Utah lawsuit
But opponents to the state’s lawsuit see it as corrosive to conservation. Shortly after Utah filed its suit, team members at the Southern Utah Wilderness Alliance stopped by the Deseret News for an on the record editorial board meeting.
During the meeting Steve Bloch, the group’s legal director, said the state was emboldened by the 6-3 majority on the Supreme Court and that’s why they didn’t go to federal district court.
Putting up a map of the lands owned by the federal government in Utah (highlighting the unappropriated lands), Bloch said the term is used for PR to make people think the land isn’t special. He doesn’t think Utah could actually afford to take over the land anyway.
“This is just an unserious approach,” said Bloch. “This is anti-federal rhetoric.” He added he thought it was “throwing red meat at some part of the electorate in Utah who’s animated by this.”
SUWA may see it as anti-federal rhetoric, but Utah politicians say this suit has been a long-time coming after trying to work with the federal government for years.
“We’ve been asking for 50 years,” said Utah Gov. Spencer Cox when announcing the suit. “And not only are they not willing to negotiate or help on this at all, it’s the exact opposite. It’s not only ‘no,’ but, ‘hell no, and we’re going to close more of your roads and make it harder.”
Utah
Game Preview: San Antonio Spurs vs Utah Jazz
“Comparison is the thief of joy”, we’re told. It’s a saying of such economy and self-assuredness that it carries a unique quality of assumed truth. You know, the kind of truth that lends itself to an angsty typeset and melodramatic photo background perfect for passive-aggressively sniping at others on social media.
The thing is, there are a lot of benefits to comparison. Human beings bob about in an ocean of relativity; joy relative to every other moment of joy, pain relative to every other pain. Comparison is a part of what fills out our understanding of perspective. Like it or not, knowing who we are is at least partially tied to knowing who we’re not.
And in spite of a 1-3 record, the Spurs are definitely not the Utah Jazz.
It’s easy to make that mistake, I know. Patty Mills plays for the Jazz, and that’s confusing. The Spurs only have one win more than the Jazz, and that’s confusing too. But the reality is that these are two teams on different parts of a similar journey — The Jazz aimed head-first in one direction in search of a superstar, the Spurs on a slow incline upwards having already secured theirs.
The difference is apparent if you watch the stripped-down Jazz for a quarter or two. There’s a nonchalance on the court that’s incredibly familiar. Like the Spurs in seasons past, the Jazz can’t be too transparent, but the urgency is visibly lacking. The Spurs, on the other hand, in the midst of a rough opening schedule, look almost too urgent — both the team and the gargantuan French wunderkind nonplussed that they’re not as advanced and cohesive as they’d like to be yet.
The stats bear the difference out, even if you haven’t been keeping an eye on the Jazz.
The Spurs are 21st in FG%, 21st in Assist %, 22nd in 3pt%, 22nd in True Shooting%, and 12th in Defensive Rating. The Jazz are 30th, 27th, 29th, 30th, and 26th.
Even more telling is the disparity in Net Rating. And while the Spurs aren’t doing great at 27th, the Jazz are dead last at a jaw-dropping -17.0, almost a full 10 points worse than the Spurs, and -8.5 points worse than the 2nd-to-last Pelicans.
See, now aren’t you glad we compared the two teams? It certainly made me feel better about the Spurs’ bumpy start to the season.
There’s not a lot of incentive for the Jazz to play the Spurs hard in this one, nor to rush back their best player in Lauri Markkanen in what will almost certainly be a purposely lost year. I wouldn’t be surprised to see the Jazz hold him out in this one, since back injuries are something to cautious about to begin with.
If that ends up being the case, the floodgates might open against a quietly frustrated Spurs team hunting for a win and a rhythm.
On the other hand, if the tanking Jazz do manage to beat the Spurs, well…we might have to circle back around to that whole ‘thief of joy’ thing again.
San Antonio Spurs at Utah Jazz
October 30th, 2024 | 8:00 CT
Watch: FanDuel Sports Network Southwest |Listen: WOAI (1200 AM)
Spurs Injuries: Devin Vassell – Out (Foot), Tre Jones – Out (Ankle)
Jazz Injuries: Taylor Hendricks – Out (Leg), Isaiah Collier – Questionable (Hamstring), Lauri Markkanen – Questionable (Back)
What to watch for:
Snapping The Wembanyama Slump
For those who’ve been watching so far, it’s clear that Victor hasn’t quite found his rhythm yet. He had his first legitimately bad game against the Thunder last night, managing only 5 total attempts on an evening where the Thunder’s suffocating defense made points hard to come by, and gave Wemby hardly an inch of breathing room all night. Part of being a superstar in the NBA is learning how to get yours even when the opposition is throwing everything at you, and that’s clearly still a work in progress, especially with Wemby coming off of some form of illness. However, it’s been a pattern that Wembanyama comes out swinging after an off night, and the Jazz are likely to be on the receiving end of his frustrations. There is almost always a good reason to keep an eye out for a spectacular night from San Antonio’s Gallic sophomore, but he’s due a monstrous game sooner or later, and Halloween against the Jazz might end up being a fright night you’ll be sorry you missed out on. (Plus, there’s no telling what pregame costume the Slender Man will be showing up to the game in, and that’s always fun too)
For the Jazz’ fans’ perspective, visit SLC Dunk.
PtR’s Game thread will be up this evening for those who want to chat through the game. You can also follow along with the action through PtR’s Twitter feed.
Utah
'Concerning:' Utah County attorney confirms investigation into ballot tracking
Utah County Attorney Jeff Gray confirmed Wednesday that his office is investigating Utah County Clerk Aaron Davidson’s tracking of how elected officials cast their votes, first reported by the Deseret News.
“We’re looking into it. I’ve asked one of my investigators to look into the matter,” Gray said, after being informed by state Sen. Mike McKell, R-Spanish Fork, that Davidson had told the Deseret News he knew that McKell had mailed in his primary ballot without a stamp because he tracked the voting method used by a “list of politicians.”
“It raises concerns to me, obviously,” Gray said. “It may be a matter of, do we need a legislative fix? The election laws are somewhat complicated and this isn’t something that we typically investigate. So we’re still pouring through those. It’s really kind of a legislative policy as to what they want disclosed and not disclosed. And at the end of the day, what do the people want.”
The county attorney said the investigation is “going to take a little time” and will also look into other allegations, including that some Utah County voters who mailed back their ballots without stamps were contacted by the clerk’s office. Gray said “it’s hard to say” whether it’s a criminal investigation at this point.
“It’s concerning. But again, I need to determine what the facts are, and whether or not there is a violation of the law. That’s my focus. It’s not a political (focus) and it doesn’t matter whether I’m concerned or not,” he said. “I just need to do my due diligence and make sure that the law has been complied with.”
‘Unsettling:’ Lawmaker says Utah County clerk knew she voted by mail
Also Wednesday, state Rep. Stephanie Gricius, R-Eagle Mountain, told the Deseret News that Davidson made a point of bringing up recently that she’d voted by mail in the June primary, an “unsettling” and “unusual” comment that has her asking whether new legislation is needed to protect voter privacy.
“Basically, he said something along the lines of, ‘Hey, if I remember right, you mailed your ballot in for the primary. I’m going to strongly encourage you to use a drop box for the general election.’ That was pretty much the end of conversation but it was at that point I figured out, ‘OK, he’s looked up how I sent in my ballot,’” Gricius said.
“I didn’t have time to get into that with him,” she said, because their brief exchange occurred at a state senate debate earlier this month where she was serving as a volunteer. Still, Gricius said, “it was a little unsettling. My first instinct was to question what other information about my ballot that he had.”
She also said she “found it unusual that it would come up. We weren’t talking about that at all when it was brought up,” she said. “Really, it was just that unsettling component of, well, do you know who I voted for? How did you find that information? What went into the process of you looking that up?”
Gricius said she reached out to a former employee in the clerk’s office “to see if that was information that was tracked normally or if that was something new and they explained the clerk’s office does keep track of how ballots are submitted as part of the chain of custody, but that he would have had to look me up individually to see my personal information.”
She also contacted an elections law attorney in the Office of Legislature Research and General Counsel about the issue but they have yet to connect.
“I wanted to know what’s the problem — is there a problem, first of all, and then, what is it. And if there is no legal problem, then why not and what do we need to do to make sure people’s ballots are truly protected,” the Eagle Mountain lawmaker said. “I think that using someone’s private ballot, that again is constitutionally protected, to push a political position is completely inappropriate.”
It’s too soon to say whether that will lead to her proposing changes in the law, she said.
What the Utah County clerk says about the controversy
Davidson did not respond to calls or texts Wednesday asking for comment about the investigation.
During the primary, he and McKell tussled on social media about Utah County not paying for return postage on ballots, a decision made to discourage voters from sending them back via the U.S. Postal Service. Davidson said voting by mail is not as safe or as secure as using a drop box provided by the county.
Before McKell said he’d brought his concerns to the county attorney, Davidson said McKell was the only person whose voting method he publicized even though tracking the method politicians use to vote is “really easy. You just put their name in and it pops up. So I looked at it but I didn’t do anything with it” when it came to others.
“It was just that one time I did it. It was just for the primary because Michael McKell was out there saying all this trash about, ‘Go ahead and cast your ballot using the mail and don’t pay for postage, you don’t have to. He was politicizing that whole thing,” Davidson said.
He said he hasn’t tracked any general election ballots, but that could change “if Mike McKell wants to make a political issue out of it.” Davidson also said the public could access the same information.
The state Elections Office has not commented on the controversy but the state’s director of election, Ryan Cowley, said in a statement the state’s publicly available voter records wouldn’t specify whether or not a ballot was returned through the U.S. Postal Service.
“Counties may use other methods to track where ballots come from, but the state voter registration system only tracks the broad categories which doesn’t differentiate between post office or drop box,” Cowley said.
Utah
Looking out for the Good: Smith Entertainment Group launches nonprofit to help Utah communities
SALT LAKE CITY — The Smith Entertainment Group announced Tuesday it is launching a nonprofit organization focused on building up Utah.
The nonprofit, called the SEG Foundation aims to build on the Utah Jazz Foundation which has given a four-year scholarship to more than 100 students in Utah.
SEG said the foundation will be funded by the Utah Jazz and Utah Hockey Club seasons. It will invite partners, and the community to support families and groups across the state.
Meet the couple trying to revitalize Salt Lake City: Ashley and Ryan Smith
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