Want to stay cool in summer heat? It’s all about your mindset

Cool things happening in life and politics can help us stave off summer heat

By Frank Pignanelli & LaVarr Webb

The sweltering heat of summer is cooking us. So it’s time to cool off. Sometimes coolness is just a mindset. We stretched our feeble brains to come up with things in politics and life that we think are cool, hoping such thoughts will chill the temperature out there.

Pignanelli: I think it’s cool that Utah has not forgotten its important legacy and is the most welcoming of all states to refugees.

Webb: I think it’s cool that Congressman Chris Stewart is cutting short a successful political career to support his wife, who is suffering health challenges. He is setting a good example for all of us to prioritize what’s really important.

Pignanelli: I think it’s cool that 22 people filed to replace Congressman Chris Stewart. This is an encouraging sign of public engagement — an important element of democracy.

Webb: I think it’s cool that Sen. Mitt Romney is not pandering to the far right, despite facing likely challenges from strong conservatives if he seeks reelection. I have strongly disagreed with Romney on a number of key issues, but respect his integrity.

Pignanelli: I think it’s cool that a record number of Americans voted in the 2020 elections, despite an incumbent president raising fears of fraud and dampening enthusiasm. This is another refreshing sign of a healthy democracy.

Webb: I think it’s cool that congressional Republicans are demanding a more evenhanded Justice Department and FBI leadership. It’s quite clear that a double standard exists, especially in the gentle treatment of Hunter Biden and his overseas moneymaking schemes, using his father as leverage.  

Pignanelli: I think it’s cool that Gov. Spencer Cox owns his plea that Utahns pray for water. He was mocked and belittled by the national media and late-night comedians, but never apologized or retracted. Cox also proves that nothing quiets the critics like success. 

Webb: I think it’s cool that Utah seldom experiences massive weather events like hurricanes, tornadoes, major flooding and devastating wildfires. We certainly do endure periodic extreme weather, and the earthquake “big one” could hit at any time. But we are fortunate to mostly avoid monster events that kill many people and destroy thousands of homes.

Pignanelli: I think it’s cool how several high-profile Republicans, of both genders and different races, are seeking the Republican nomination for the U.S. presidency. This is an important indicator of a strong democracy on many levels.

Webb: I think it’s cool that so many prominent and qualified Republicans are challenging Donald Trump for the GOP nomination. It shows that a Republican constituency exists that doesn’t support Trump, despite his large lead in the polls. It shows that Trump was unable to clear the field as he hoped to do.

Pignanelli: I think it’s cool that Salt Lake City is just so dang cool. There are great restaurants, bars and activities in unprecedented numbers and quality.

Webb: I think it’s cool that Utah remains the youngest state in the nation (sorry that I bring up the average). Children are greatly valued, even though we need to invest more in education. A vibrant, successful community features many children and young people who can find good jobs and start their own families.

Pignanelli: I think it’s cool how the Legislature has maintained its transparency, accountability and openness. Legislators are constantly criticized on many matters and issues. But they have not forgotten fundamental principles, and citizens can participate and influence the process. Equally important, the Legislature remains a citizen-based, part-time body, which promotes greater interaction.

Webb: I think it’s cool that we have a sensible U.S. Supreme Court that is reasserting traditional constitutional principles.

Pignanelli: I think it is cool how network and cable television in their commercials, programming, and news features send strong signals of inclusion and diversity. Through  acceptance of people of color, mixed race marriages, individuals of different religious preference, ethnic origin or sexual orientation, the entertainment industry has dramatically changed our national attitude. I am old enough to remember when it was a different demeanor, and those definitely were not the good old days.

Webb: I think it’s cool that the Utah Jazz are making exciting moves to make the team a contender right away.

Pignanelli: I think it’s cool BYU is joining the Big 12 Conference. I am a true and loyal Utah fan. But it’s always great when a fellow in-state school enjoys success.

Webb: I think it’s cool that summer is finally here. It was a long, snowy winter and a very cool, wet spring. Bring on the heat!

Pignanelli: I think it’s cool that the University of Utah athletics, men’s and women’s, have achieved such national prominence.

Webb: I think it’s cool that this column is almost done.

Pignanelli: I think it’s very cool that the Deseret News, with 173-year-old heritage of prominence in our state, allows a goofball like me to write for the distinguished periodical.

Webb: I think it’s cool that I’m really old, so I’m going to die before the federal government goes bankrupt and Social Security, Medicaid and Medicare collapse; before the AI Apocalypse occurs, before China invades Taiwan and WWIII ensues, and before everyone bakes and shrivels because of global warming. Good luck, you young ’uns! 

Hinckley Institute of Politics

July 2023 | Frank Pignanelli ALUMNI MAIN Alumni Spotlight

Frank Pignanelli found a passion for politics and campaigns at the Hinckley Institute while studying at the University of Utah. In addition to attending numerous Hinckley forums and taking a Hinckley class taught by former Governor Scott Matheson, Pignanelli participated in several campaign internships, including a 1979 city council campaign and a 1980 US Senate race, and completed a Legislative Internship during the 1981 Utah General Legislative Session.

Pignanelli graduated from the U in 1981 with a BA in History and went on to obtain a JD from the U’s law school in 1984.

The campaign tactics learned throughout his many Hinckley experiences proved to be invaluable as Pignanelli began his legal and public affairs career. 

 I learned how to communicate complex matters with effective messaging. Furthermore, most of the individuals I interacted with during my internships are still very close friends with me today. My education would not be complete without the Hinckley Institute. I will forever be grateful. 

Pignanelli has built an impressive career since leaving the U - he was one of the youngest Utahns ever elected to state office and served in the House of Representatives for 10 years, 6 of those years serving as the Democratic Minority Leader.

He practiced law in general litigation until 1993 when he was appointed Vice President and General Counsel of BlueCross BlueShield of Utah. 

He is currently senior partner with Foxley & Pignanelli, one of Utah's premier government relations and public affairs firms.

In addition to these impressive accomplishments, he writes a Sunday column for the Deseret News and is a frequent speaker and political commentator throughout the state. 

From patriots to present day, assessing America’s progress on its 247th birthday

This Independence Day, where is the nation on unity, civility, equality and hope?

By Frank Pignanelli & LaVarr Webb

On Tuesday, July 4, we will celebrate our nation’s 247th birthday. She’s getting old, but we old-timers believe the good old USA is still the land of opportunity and freedom. We take a look at the state of the union in this high-tech, globalized era that couldn’t possibly have been imagined by those patriots who declared independence in 1776.

In the political realm, our nation faces great challenges: Social and cultural division, rampant incivility, the rise of sometimes-toxic populism and progressivism, unfathomable debt, and an acceleration of social media and artificial intelligence with unpredictable consequences. Are the nation’s political and social institutions, including our revered Constitution, still relevant and capable of guiding and maintaining stability and progress in the face of these great tests?

Pignanelli: “The principle on which this country was founded is that Americanism is a matter of the mind and heart; never a matter of race and ancestry.” — Franklin D. Roosevelt 

Exceptional athletes are in constant training, oftentimes utilizing new technologies, thereby responding to difficult challenges with success. The United States of America resembles such a disciplined competitor.

Every day since its founding, our country has confronted and overcome unprecedented problems, spawned internally and externally. Unlike other civilizations in human history, we have done so while maintaining a vibrant democracy. Strong athleticism includes absorbing new ideas and reinventing strategies, while maintaining fundamental principles. America is an idea, embodied in our Constitution, yet unattached to a specific culture. Thus, we can pivot and adapt without jettisoning our values.

We face tremendous problems, as have prior generations. Often the societal pendulum swings to the extremes before settling on a proper balance. Those who doubt the U.S. have an unfortunate misperception of history. While the process has not been pretty (democracies never are), seeking our common goals as Americans — regardless of race, creed, color, ethnic origin or sexual orientation — is prevailing.

For a country of our size, complexity and diversity to continually achieve while honoring our constitutional ideals is amazing. We are true athletes.

Webb: Many things have changed in 247 years, but one thing hasn’t: human nature. Men and women still display all the virtues and vices of those Americans who founded our country. Our remarkable Constitution was written by people who may not have been psychiatrists or sociologists, but they understood the fundamental dispositions and characteristics of people. They artfully designed a government to curb the worst inclinations of men and women, while guaranteeing freedom for responsible, honest people to flourish.

Thus, the Constitution is today as relevant as ever, despite our high-tech, modern society. In fact, the Constitution, which decentralizes and divides government power among three branches and two levels (state and federal), can be more effective than ever if followed properly in our highly networked, fast-paced world.

But expect much turbulence ahead. Nothing is guaranteed. America is not invincible. Our enviable way of life is not automatic. Each generation must dedicate itself to constitutional principles and protect freedom. As John Adams said, our form of government was created only for a moral people. A breakdown of societal pillars like marriage and family will have severe consequences.

Has the nation made real progress on racial and cultural issues? Is more diversity, equity and inclusion needed to realize the aspiration that “all men are created equal”?

Pignanelli: Television, the powerful arbitrator of our culture, is filled with programming and commercials containing actors and performers of various colors, religions and sexual orientation. Most Americans, along with corporations and organizations, strive not just to be tolerant but to embrace diversity.

Most of the racial tensions are generated by social media. We are coming to terms with our historic forefathers and foremothers (including our family ancestors) who held both correct and troubling beliefs. Much has been accomplished and more needs to be done. But we must recognize every day we inch closer to the aspirational ideal.

Webb: I’m confident the United States has made substantial progress in living up to that profound, aspirational statement in the preamble to the Declaration of Independence. In my lifetime I have seen a dramatic reduction in racism, bigotry and intolerance. We still have far to go.

Given the dramatic rise of China and the many geopolitical challenges our country faces, is America still the world’s beacon of hope?

Pignanelli: America continually endures immigration issues. China, Russia and others do not have such problems, for obvious reasons. America remains the land of opportunity.

Webb: This July 4, contemplate this statement by Gen. Colin Powell, former secretary of state:

“We have sent men and women from the armed forces of the United States to other parts of the world throughout the past century to put down oppression. We defeated Fascism. We defeated Communism. We saved Europe in World War I and World War II. We were willing to do it, glad to do it. We went to Korea. We went to Vietnam. All in the interest of preserving the rights of people.

“And when all those conflicts were over, what did we do? Did we stay and conquer? Did we say, ‘OK, we defeated Germany. Now Germany belongs to us? We defeated Japan, so Japan belongs to us’? No. What did we do? We built them up. We gave them democratic systems which they have embraced totally to their soul. And did we ask for any land? No, the only land we ever asked for was enough land to bury our dead. And that is the kind of nation we are.”

Foxley & Pignanelli recognized for professional achievement

We are honored to have been recognized this spring for efforts on behalf of our clients and achievement in the field of Government Relations. 

The Utah Taxpayers Association honored Frank for his decades of work on behalf of Utahns, and his record of championing sound pubic economic policy. 

Renae Cowley was recognized by the Utah Nurse Practitioners for her work on SB 36 during legislative session. The passing of this legislation was a four year effort in which Renae was a vital part of every step. 

FoxPig is the 2023 Best of State award winner in the field of Government Relations. This is the seventh Best of State Award for F&P. Frank and Holly accepted the award during the annual gala, and were joined by Ellery Meagher, who enjoyed wearing the Best of State medal for all of the evening's pictures. 

How the summer of 2023 will shape the 2024 elections

Will Mitt Romney go for reelection? Who will replace Chris Stewart? 2023 summer holds big answers leading into 2024

By Frank Pignanelli & LaVarr Webb

Editor’s note: This column has been updated from the print version to reflect recent events.

Pignanelli & Webb: Technically, 2023 is on “off-year” election because the big presidential, federal and statewide races will occur next year. But this is highly misleading, as voters will select hundreds of municipal leaders in November this year. In addition, many of the 2024 races are already heating up and most key decisions for 2024 will be made this year.

In fact, decisions made by politicians in the next 90 days will reverberate from the smallest town hall all the way to Washington, D.C. We explain why the summer of ’23 is a big deal in politics.

“In any moment of decision, the best thing you can do is the right thing, the next best thing is the wrong thing, and the worst thing you can do is nothing.” — Theodore Roosevelt

U.S. Senate: Sen. Mitt Romney should win the “Most inscrutable politician of the 21st century” award. There are plenty of guesses but no real solid leads as to whether Utah’s junior senator will pursue reelection. However, Republican opponents are already gearing up to take him on. Romney’s decision in the next few months will impact not only his race, but the candidate makeup in other contests, the demeanor of political conventions, the primary elections, the general election and possibly presidential politics (with Trump likely to oppose Romney). So, this is a decision to watch.

Second Congressional District: Rep. Chris Stewart shocked the Utah political world with his resignation announcement in the middle of this term. Even the deepest of insiders expected his departure within the next several weeks and wondered when he would make his intentions known. Stewart didn’t keep everyone guessing for very long. He sent a formal letter of resignation to the governor on Tuesday, stating he will leave Congress on Sept. 15. That triggered a flurry of activity by the governor and Legislature. They have indicated a special primary election to replace Stewart will be held Sept. 5, with a final election on Nov. 21. A special session to facilitate these dates will be held June 14. Stewart’s quick decision means the many candidates seeking to replace him can go forward with their campaigns. And the process is in place to avoid a lengthy vacancy for his seat.  

Governor’s race: Gov. Spencer Cox enjoys an approval rating of at least 63% among Utahns. Any Republican or Democrat thinking of undertaking the herculean effort to dislodge him should announce soon in order to be taken seriously.

Other statewide offices: Attorney General Sean Reyes has toyed with both a U.S. Senate and a gubernatorial bid. He is popular in the GOP and enjoys name recognition. But he will have to determine his plans soon, especially if he wishes to groom a successor. Utah’s state auditor and state treasurer will also need to make their plans known to scare off potential challengers.

Most Utah municipalities: The candidate filing deadline for many Utah cities was June 7, triggering primary elections on Aug. 15. The decisions made by voters will impact the final election on Nov. 7. The Utah municipal election is actually larger than even-year general elections, as measured by the number of candidates and the number of government entities involved.

Ranked choice voting: A dozen Utah cities have selected ranked choice voting as the means of determining their city leaders, including Millcreek, Genola, Salt Lake City, Midvale, Payson, Vineyard, South Salt Lake, Heber City, Kearns, Lehi, Woodland Hills and Magna.

The ranked choice voting cities will not have a primary election, and the filing deadline is Aug. 15. So prospective candidates have real decisions to make in the next several weeks. How do they campaign to be both the first- and second-place favorites among voters, when their opposition is yet to be defined? The messaging strategy they choose will have an impact on the ultimate outcomes.

This will be especially interesting in Salt Lake City‘s mayoral race, which features only two major candidates — incumbent Mayor Erin Mendenhall and former mayor Rocky Anderson. The usual dynamics of ranked choice voting are unlikely to be a factor unless more good candidates join the race.

Elections in 2024 and beyond: Anyone thinking about running for any office next year, or wishing to have an impact on the process, will need to start focusing this summer. For many decades, Utah candidates were given 30 days in the late winter or early spring to leisurely decide and file for office. Not anymore.

In 2022, the Legislature dramatically adjusted filing deadlines. Candidates seeking office next year have between Jan. 2 and Jan. 5 to file. They must also determine if they will be seeking nomination through the convention process or through gathering signatures. This is all in less than six months.

Those considering federal and statewide office should make their decisions by Labor Day and get their campaign organizations underway. Even contenders for down ballot races (legislative, county, school board, etc., except those in safe races) have similar pressures. Earnest candidates will need to fundraise and develop a structure to limit the competition.

Of course, the 2024 presidential election is already underway. The first Republican debate will be held on Aug. 23 this year. The intensity will only accelerate after that.

Utahns will be enjoying well deserved summer activities at Lagoon, Lake Powell, backyard barbecues, picnics and baseball games. Meanwhile, ambitious politicians will be deciding the political landscape for next year.

Why is Utah better at managing finances than the feds?

The federal government is a mess financially. Why is Utah not?

By Frank Pignanelli & LaVarr Webb

The debt limit near-disaster is an excellent illustration of the dysfunctional way the federal government manages its budgeting, finances and debt — especially when contrasted with Utah’s sensible and transparent budgeting processes. We make some comparisons.

The dirty truth is that the federal government’s finances are a mess. The U.S. government borrows at least $2 of every $10 it spends. Budget experts estimate that the $31 trillion federal debt is actually less than half of total unfunded obligations over the next several decades. In a matter of several years, major federal entitlement programs will run out of money. The congressional budget process is badly broken, with Congress unable to pass budget bills for the various departments. If a publicly-traded company ran its finances the way the federal government does, its officers would go to jail. How does this chaos compare with Utah’s budget process?

Pignanelli: “The American people expect more from Congress. They expect fiscal responsibility and common sense.” — former Illinois Congresswoman Melissa Bean 

Budget processes are a direct reflection of the human element. State officials endure constitutional constraints in appropriations and ramifications for failures, real and perceived. There are no such limitations (if any) for federal lawmakers. Thus, human nature dictates how these institutions respond.

Proponents of federal largesse argue that states are the beneficiaries of massive federal dollars and comparisons of process are unfair. Yet, Utah, along with other states, exude responsible behavior beyond capping expenditures. Frequent audits and reviews are conducted — and the recommendations implemented — to maximize efficiency of taxpayer dollars. The feds rarely do this.

Deficit spending is critical in times of war, economic distress, and emergencies. However, continuing government expenditures that exceed revenues crowds out private economic activity and reduces incentives for efficiency.

My final act as a state legislator was sponsoring a resolution in support of a balanced budget amendment to the U.S. Constitution. This was in conjunction with a public statement the federal government needed the same budgetary exercises as I witnessed — and participated in — for 10 years. Twenty-seven years and $26 trillion later, human nature still holds. 

Webb: A number of years ago, Utah faced a financial problem. The state’s retirement system was not bringing in enough money to pay retirement obligations a number of years in the future. The Legislature carefully studied the problem, determined the size of the projected deficit, and reformed the retirement system to keep the retirement system secure and solvent.

Many state employees were not pleased with the reform. Some benefits were slightly cut. But the Legislature and governor took the difficult and thankless action to keep the system solvent and avoid leaving future legislators and taxpayers a financial mess to deal with.

On an immensely greater scale, the federal government faces the same problem with Social Security and Medicare. But Congress and the president are paralyzed and dysfunctional, simply unable to deal with one of the most profound problems facing the nation.

Utah leaders solve problems, manage better and exercise more discipline than their federal counterparts. Federal budgets are full of funny money with inflated revenue estimates and no idea how much new programs will actually cost.

This lack of fiscal discipline is enabled by an unlimited ability to borrow money, with no idea how the debt will ever be paid off.

Utah has low debt, but sometimes bonds at low interest rates for large infrastructure projects. How does state borrowing differ from federal deficit spending?

Pignanelli: Most households borrow money for large expenditures (houses, automobiles, recreational vehicles, etc.) and try to avoid funding ongoing expenses with borrowed money. Utah follows a similar path, explaining its excellent bond rating. Federal support of large projects was extremely beneficial for this country’s development, but Washington, D.C., ignores similar discipline undertaken by families and states.

Webb: Utah has paid its debt down to very low levels. When it does borrow, it only bonds for big, important projects that will benefit citizens for many years into the future. Those who use the project in the future, help pay for it. The state never borrows for the day-to-day operations of state government or for employee salaries or benefits paid to citizens. If the state had to stop borrowing completely, it could easily do so. It just wouldn’t build big projects for a period of time.

By contrast, the federal government must borrow vast amounts of money for all operations of government, not just for infrastructure. If the federal government was a business or a family, it would be bankrupt — in deep financial trouble.

Votes on the debt limit agreement between President Joseph Biden and House Speaker Kevin McCarthy were scheduled after our deadline. The extreme right and extreme left were expected to oppose the agreement. What does their unwillingness to compromise say about them?

Pignanelli: Most Americans do not receive direct benefits from entitlement programs. But if there is a debt default, they would suffer through collapse of retirement accounts, threats to private enterprise funding and deterioration of other economic interests. The political extremes have many other occasions to exercise their ideological priorities, but not when a crisis is looming.

Webb: Both the debt and the periodic debt limit crises demonstrate the broken ways of Washington and federal financial profligacy. Extremists on both sides make it more difficult to solve the nation’s problems.

Who will replace Rep. Chris Stewart in Congress?

Dozens of people are announced or likely candidates to replace Chris Stewart in the 2nd District

By Frank Pignanelli & LaVarr Webb

Pignanelli & Webb: Utah Congressman Chris Stewart recently announced he is retiring from Congress this month because of health concerns with his wife, Evie. This noble action deserves respect and compassion from all citizens. Of course, Stewart’s retirement has set the Utah political world ablaze. Your columnists enjoy watching the fires rage.

What will be the process to fill this vacancy in the U.S. House of Representatives, and what can voters expect?

”When someone whispers in my ear about running for office, it sounds like the Tabernacle Choir singing the Hallelujah Chorus!” — former Utah Congressman Wayne Owens

Open congressional seats don’t come available in Utah very often, so a very large group of ambitious Republicans and Democrats are experiencing a distinct ringing in their ears — the clarion call of service in Congress.

However, the path to winning a seat isn’t quite clear right now. The circumstances surrounding the 2017 special election to replace Jason Chaffetz when he resigned created a kerfuffle among state officials. This resulted in 2020 legislation establishing the existing process. Within seven days of receiving the letter of resignation, the governor issues a proclamation specifying special primary and general election dates. He must provide at least 21-28 days for parties to nominate a candidate or for candidates to qualify for the primary ballot through signature gathering. Without legislative action, special elections must be held in conjunction with designated scheduled elections.

Therefore, the earliest date for a special primary election this year would be the municipal election on Nov. 7, with a final special election to occur at the presidential primary election in March 2024. That would leave Utah without a fourth member of Congress for a long time, so it is likely the Legislature will take action to accelerate the process.

Politicos are predicting that after Gov. Spencer Cox receives the official letter of resignation from Stewart (likely next week), the Legislature will quickly convene a special session to alter the timeline and make other adjustments. This produces a lot of conjecture:

Will the Legislature push hard to have a quick convention and primary to insure a final election by Labor Day? Or will they stretch the process to the November municipal election? Will they succumb to pressure from activists and remove the potential for signature gathering to get on the primary ballot, meaning only party delegates would determine the nominee? (That would likely produce a gubernatorial veto.) Will they put in place a threshold requirement and a runoff in the likely event of multiple primary candidates? Might they implement a ranked choice voting procedure? Will they appropriate the money to pay the significant election costs?

A lot of uncertainty exists, but it is certain that the existing structure will be altered by lawmakers.

Incredibly, more viable prospects are considering a run this year than six years ago, especially because one does not even need to live in the district to run. In the past few days, cell phones and social media platforms have been melting from overuse as Utah politicos engaged in a feeding frenzy of promoting, and dismissing, prospects. Since we love to rummage in the gossip mill, here is a list of those who have received at least several recommendations from inside the political class.

Announced or likely Republican candidates:

State Sen. Todd Weiler enjoys a strong social media following. He was the first to announce his interest and is already preparing documents to file with the FEC and is searching for a campaign manager.

Former state Rep. Becky Edwards is beloved by moderate Republicans and has announced her intention to run.

Former House Speaker Greg Hughes performed well in many parts of the 2nd Congressional District during his 2020 gubernatorial bid. He will be a strong force if he chooses to participate.

Republican candidates receiving strong encouragement or under consideration:

Former GOP Chair and national committeeman Bruce Hough; Washington County public affairs officer Jordan Hess; businessman Brad Bonham; state Sen. Dan McCay; apparently all three Washington County commissioners are considering (Victor Iversen, Gil Almquist, Adam Snow); GOP Chairman Robert Axson; his vice chair, Jordan Hess; Salt Lake Chamber President Derek Miller; Hinckley Institute of Politics Director Jason Perry; Attorney General Sean Reyes; former GOP Chair Carson Jorgensen; former GOP chair and gubernatorial candidate Thomas Wright; former state Rep. Sheryl Allen; former GOP chair and state Rep. Derek Brown; Salt Lake County Councilwoman Amy Winder Newton; state Sen. and former U.S. Senate candidate Mike Kennedy; former state Rep. and congressional candidate Kim Coleman. Finally, Henry Eyring, grandson of Henry B. Eyring, second counselor in the First Presidency of The Church of Jesus Christ of Latter-day Saints, is receiving encouragement to consider the race.

Potential Democrats include: State Sen. Kathleen Riebe, former congressional candidates Kael Weston and Nick Mitchell. (Former Congressman Ben McAdams is not expressing interest.) Independent Senate candidate Evan McMullin is a rumored possibility.

U.S. Senate candidates Brad Wilson and Trent Staggs will not pivot to this opportunity. More prospects are likely.

What unusual results may occur in the special election?

Currently, candidates can obtain placement on the primary ballot through selection by delegates at a convention or by gathering enough signatures. In 2017, three candidates were in the primary and there is likely to be even more in 2023. Thus, the GOP nominee may be decided by much less than a majority of primary voters.

Should the legislature decide to piggyback on the municipal election on Nov. 7, the special election could have dramatic influence on many mayoral and city council races, especially in Salt Lake City with the influx of partisan voters.

While it is likely that the winner will be well-known in political circles and enjoy a solid base to start from, remember that Congressman Blake Moore came out of nowhere to win in the 1st District against more experienced and better-known candidates.

Is there an end in sight for Utah’s food tax?

If nobody likes the food tax, why is it still around?

By Frank Pignanelli & LaVarr Webb

Some political issues never seem to get resolved. They percolate in various forms on a frequent basis. The sales tax on food in Utah is a worn dispute that crosses partisan and demographic lines. Because this is a very old argument, we oldsters are well qualified to comment.

A recent Deseret News/Hinckley Institute of politics poll revealed 76% of Utahns want the sales tax removed from food. If this fee is so hated, why is it still around?

Pignanelli: “For every tax problem, there is a solution which is straightforward, uncomplicated — and wrong.” — Unknown 

For 90 years, the tax on groceries was a continuing source of political antagonism and efficient government funding. The measure was implemented in the Emergency Revenue Act of 1933, with the promise of repeal in two years. The extension in 1935 was controversial and has been the subject of derision since.

Several statewide initiatives targeted the tax (1980, 1988, 1990), but were defeated. The Legislature wrestled with modifications, passing reductions in 2006 and 2007. In a 2019 special session, lawmakers increased the tax in exchange for lower income tax. This action prompted a massive volunteer effort that garnered enough signatures to place a referendum on the ballot. The Legislature repealed the bill in 2020.

Sales tax on food is a classic conundrum. It is a stable source of funding for government that reaches across demographic and economic spectrums. But this strength reflects the fact everyone must eat — which implies unfairness of taxing a true necessity. Support or loathing toward the tax is spread among Republicans and Democrats, rich and poor, urban and rural citizens.

Thus, sales tax on food will be a major political issue in the 2024 elections.

Webb: I’ve been a broken record for many years, arguing that the best tax system is comprised of a broad tax base with low rates. Everyone gets taxed a little, but taxes are spread across a broad base. Eliminating the sales tax on food narrows the tax base and makes it more volatile and susceptible to economic downturns. That’s why this tax hasn’t been eliminated earlier.

I’m in full agreement that low-income people shouldn’t be hurt by having to pay taxes on food. But there’s no reason wealthy people should get a tax break when they buy a $90 chunk of prime rib for the family Sunday dinner. Give poor people a generous food subsidy as proposed by Gov. Spencer Cox in the last legislative session (there are various ways to do it) and keep taxing wealthy people. Keep the tax base broad and rates low.    

According to the poll, Utahns are split (47% in favor, 43% opposed) regarding the Legislative proposal to remove the sales on food only if the state constitution is amended to eliminate the dedication of income taxes for education and disability programs. A similar poll conducted in April stated that half of Utahns opposed the amendment. Does this amendment have a chance in the 2024 election?

Pignanelli: The history of initiatives and constitutional amendments in Utah provide a very basic, but often unheeded, lesson. Election measures to voters that enjoy early support can be defeated by an aggressive, bipartisan group of community activists. Conversely, difficult propositions can only overcome unpopularity through an aggressive campaign. Items placed on ballots without a frequent education effort by sponsors is vulnerable to last-minute whims (i.e. the failed 2022 constitutional amendment). This constitutional amendment has a very narrow path for success that can only be achieved with a strong, broad outreach.

Webb: I agree that the Legislature needs more flexibility in the use of various tax revenue streams, while education funding must be protected. If the constitutional amendment is explained properly, it will pass. The Legislature is making commitments to the education community that education will be funded properly. Education funding must always be the Legislature’s highest priority.

Legislative leaders are working with education leaders to see if agreements can be reached resulting in education support for the constitutional amendment. If that happens, passage is more likely.