Utah’s Constitution says that when there is a vacancy in the legislature, the Governor fills the vacancy from a list submitted by the committee of the political party that had last held the seat. The Republican committee that represents the 57th State House is voting on January 29 on whom to recommend to fill the vacancy.
The reason the 57th district seat is vacant is that the Republican elected on November 2, 2010, Craig A. Frank, was later determined not to live in that district. A mapping error had caused elections officials to assume that Cedar Hills is part of the 57th district, but it isn’t. Because Frank lived in that area, he was forced to resign his seat.
Residents of that enclave who are Republican delegates to the party committee were told that they cannot participate in the meeting to determine a new representative. They sued in state court, arguing that they must be permitted to participate, because they were all mistakenly barred from participating in the other district’s election in November 2010, because of the error. They said that they will have been barred from participating in both districts if they cannot get any relief. But, a court denied them relief. See this story.