With deadline coming up Republicans still wrestling with Count My Vote

(KUTV) Just when you thought the 'Count My Vote' war was over, a new battle breaks out within Utah's Republican party. Candidates can start their applications for petitions recently allowed under the Count My Vote compromise on Jan. 4, less than two months away. There is however a problem, if Republican candidates go through with a petition, they could be kicking themselves out of their own party.

There are two issues at hand. The first is in an inconsistency in Senate Bill 54 - passed In the Count My Vote compromise. Under the plan candidates have three options to get on the ballot:

1.Go to the convention and get nominated by 100 delegates.

2. Get a petition with 2000 signatures and head straight to the primary.

3. Or both.

The way the law is written, the Utah Republican party can still choose either / or. They don't have to allow the option of a petition for a candidate to get on the ballot, which brings up the second issue.

What defines a Utah republican? The Utah republican party under the new count my vote compromise, can define what makes a Republican. Right now in Utah, Republicans, by definition, can't petition for votes.

Todd Weiler a Davis County state senator is frustrated by this new rule.

"I have been a Republican my whole life. I love republican principles and values and hope all of this craziness will go away soon," he said.

Weiler helped push for the Count My Vote compromise in the Senate, trying to keep Utah's tradition of the caucus alive, while adding in the option of the petition. He fears a legal fight will end with nothing but an open primary, exactly what the compromise was trying to avoid.

Weiler, in the meantime, is confused by what he can and can't do to campaign in the 2016 election. For now he plans on using both of his legal options including a petition. That could however take him out of the category of Republican by his own party.

By current Republican rules, candidates must sign a document stating party affiliation -- an agreement that would bind the candidate to nothing but a caucus vote. Weiler says the rule doesn't make sense.

"If I go to 2000 Republicans and they nominate me for the primary, the Republican party would say I am not a Republican; but if I go and get 100 delegates to nominate me at the caucus, I can still be a Republican."

Weiler and many of his legislative counterparts says the rule the GOP has come up with is not fair, though GOP state leaders believe they have Republican's best interest at heart. GOP Chair James Evans said, "we recognize the candidates are only worried about their immediate election, as a party we have to be concerned about the long-term."

Evans says he wasn't a part of the Count My Vote compromise -- never wanted it -- and believes a convention not a primary keeps the republican brand pure.

"We have to withstand special interests all the time and Count My Vote is a special interest trying to promote a moderate wing agenda just like the Tea Party has been promoting a conservative end of the agenda."

Weiler and many of his legislative colleagues don't agree, and want a special session called to force the state GOP into the 21st Century. That likely won't happen, the governor's office says Herbert has no plans of doing so.

Evans believes the Utah Supreme Court should solve the issue and do so quickly in the next few weeks.

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