Utah's Lobby Law: Making the People's Voice Mute? Candidate Mike Lee, the test case

The Utah State senate race is heating up. News was spread, during the open voting period, and just prior to the Primary election in Utah, that one of its candidates violated state statute, when, about 18 months ago, he spoke to state senators in committee. Lee, a constitutional attorney, was asked pointed questions in regard to one of his clients at that time.

Reports are that Lee had saught advice and permission regarding his intention to field questions and give information pertinent to a bill involving his client. He sought this advice through the Governor's offices. Lee was reportedly told that speaking in this regard did not require registering as a Lobbyist. Lee went forward with his testimony.

Now, many months later, opponents to Lee's philosophy are airing that he violated state statute.* The statute is quoted as, "communicating with a pubic official for the purpose of influencing the passage, defeat, amendment, or postponement of legislative or executive action." One senator, Dan Lilinquist, said that if one where to use this definition of lobbying, Lee was, indeed doing just that.

What is a quandary to this writer is how in the world, no one has noticed the obvious defect in the law, not Lee! The Constitution specifically provides for a Republican form of government to the states, as cited in Art. VI, Sec. 4. Republican means "by or through representation." If Utah is serious about obliging its laws, then every person, who involves themselves in the civic and political process, who is not a registered lobbyist, IE: a professionally paid "lobbyer", is breaking the law.

This is a ridiculously vague statute that smacks in the face of The People in their ability for redress to their government; a right implied in the Declaration of Independence, the preamble of the Constitution, and the 10th Amendment, which clarify the State's and The People's rights.** If you have ever attended a committee meeting, or other scheduled pubic legislative hearing, the presiding member, usually the Chair, will invite anyone present an opportunity to speak to the issue at hand. Additionally, the law provides that hearings are required as a matter of procedure, to invite the public to speak to major policies, including school issues, and so forth, on the state level and down to the community level. The present law, if it has been correctly quoted in the media, actually entraps ordinary citizens for charges of violating statute becuase they have not registered as lobbyists!

While Mike Lee opponents, and some media websites with an agenda, might believe they have successfully exposed Lee to some dishonest disposition, they have, in actuality, brought to light a major Constitutional flaw in Utah state law.

This writer hopes those in the Utah legislature will, in good faith to the citizenry who has a right to speak on any policy, take to heart the importance on remedying this Constitutional faux pas.


* Among opponents spreading this news is a web-based organization called, "Media Matters". The name would imply that this organization is concerned about falsehoods or other issues of deficiency in the media. Nothing could be further from fact: Media Matters is an organization focused on an agenda of lambasting only conservatives in the public arena.

** Utah refers to its newly renovated and restored Capitol as the "People's House".