The State School Board Should Be Chosen in Direct, Nonpartisan Elections

Last week was a monumental for the issue of the State School Board selection process. First, Judge Clark Waddoups of the Federal District Court ruled on September 6 that the existing system was unconstitutional!   On Thursday, September 11, he said the remedy was to include two of the lawsuit plaintiffs on the ballot. As a follow up, I have three questions: What is my response to the Waddoups ruling? What impact will the remedy have on this year’s election? How will the process change in the future?

State School Board Election Process Unconstitutional…Now What?

On Friday, Judge Clark Waddoups ruled that the process by which State School Board Candidates are placed on the ballot was unconstitutional.  This ruling came after candidate Breck England’s complaint that he had been removed from the ballot by the Governor’s Nominating and Recruiting Committee unconstitutionally.  Pat Rusk, a candidate from a different district who was also removed from the ballot, joined the suit. With Waddoups apparently agreeing with them, the big question now is what happens next.  The parties will meet with the judge on Thursday to discuss a remedy, but…

BUZZ: Judge Waddoups Rules State School Board Election Process Unconstitutional

On Friday, Judge Clark Waddoups ruled the process by which State School Board Candidates appear on the ballot is unconstitutional, though did not give a remedy. State School Board candidates are interviewed by the Governor’s Nominating and Recruiting Committee, which selects at least three names to forward to the Governor.  The Governor then selects the two names that appear on the November ballot.  Breck England, a candidate for District 5, was eliminated following the interviews by the committee.  He quickly filed a complaint.  Pat Rusk, a candidate from District 6,…

Failed USBOE Candidate’s Viewpoint Discrimination Claim Fails the Ron Swanson Test

Breck England is complaining about viewpoint discrimination, and he is completely right…and totally wrong.   In the latest strange development in Utah’s political litigation industry, Breck England, an unsuccessful candidate for the Utah State Board of Education (USBOE), has sued the members of the USBOE nominating committee, Governor Herbert, and Lt. Governor Cox for allegedly engaging in discrimination in violation of his constitutional rights (a copy of the complaint is embedded below). The basis for England’s claim is that, during vetting process of state school board candidates, some candidates are favored…

Who Made The Cut: State School Board Candidates Eliminated By Committee

It is a little like trying out for the high school basketball team — those days of crowding around the coach’s office hoping and praying that you made the latest cut just posted on the door. It must be how State School Board candidates have been feeling after the Nominating and Recruiting Committee met last week to determine who would be eliminated before the interviews. Of note, all incumbents that filed for office will move forward at this point.  Many vocal opponents of the Common Core were eliminated, but the…