Herbert Emergency Declaration Bait & Switch

Herbert Bait and Switch Emergency Declaration

Jacob Anderegg (R-Lehi) recently posted this about the special session and the declaration of emergency of the governor:

Coronafraud Update: How "Lawful" are Herbert's Tyrannical Edicts? by Daniel Newby

Citizens have been pressuring legislators to overturn Gary "Available Jones" Herbert's current tyrannical edict (aka "order"). In response, Herbert is threatening to allow his tyrannical edict to expire at Midnight tomorrow (Thursday), and then issue a new one shortly after it expires.

Here are links to Herbert's soon-to-expire tyrannical edict:

According to said tyrannical edict, state statute 53-2a-209(1) declares that these orders have the "full force and effect of law."

Let's assume this interpretation is correct. According to the Utah Constitution, Article VI, Section (1)(2)(a)(1):
"The legal voters of the State of Utah, in the numbers, under the conditions, in the manner, and within the time provided by statute, may:
(A) initiate any desired legislation and cause it to be submitted to the people for adoption upon a majority vote of those voting on the legislation, as provided by statute; or
(B) require ANY LAW passed by the Legislature, except those laws passed by a two-thirds vote of the members elected to each house of the Legislature, to be submitted to the voters of the State, as provided by statute, BEFORE THE LAW MAY TAKE EFFECT. [caps added]
Source: https://le.utah.gov/xc…/ArticleVI/Article_VI,_Section_1.html

According to HB 75 enacted in the 2020 general session, such "laws" CAN now magically take effect prior to the completion of the referendum process. From lines 266-277:
(1) If, at the time during the counting period described in Subsection 20A-7-307(2), the lieutenant governor determines that, at that point in time, an adequate number of signatures are certified to comply with the signature requirements, the lieutenant governor shall:
(a) issue an order temporarily staying the law from going into effect [which means the law may already be in effect]; and
(b) continue the process of certifying signatures and removing signatures as required by this part.
(2) The temporary stay described in Subsection (1) remains in effect, regardless of whether a future count falls below the signature threshold, until the day on which:
(a) if the lieutenant governor declares the petition insufficient, five days after the day on which the lieutenant governor declares the petition insufficient; or
(b) if the lieutenant governor declares the petition sufficient, the day on which governor issues the proclamation described in Section 20A-7-310. [caps added]
Source: https://le.utah.gov/~2020/bills/static/HB0075.html


1) If any "law" passed by the Legislature that fails to meet the two-thirds approval requirement in each house is open to referendum, wouldn't the tyrannical edicts of one man be subject as well, particularly if they enjoy the "full force and effect of law," or at least are promoted as such under the COLOR OF LAW?

2) Is it reasonable and legitimate for Herbert to circumvent legislative oversight by allowing orders to expire and then merely re-issue them whenever he lacks the votes to pass them, or to pass them by a two-thirds majority?

3) Can the Utah Constitution's language regarding the referendum process, specifically the words, "BEFORE the law may take effect," be reasonably construed to mean something else entirely as per HB 75? [In other words: Do citizens own the referendum process, or does the legislature and/or lieutenant governor own it?]

4) If the legislature, via a joint resolution, does approve an extension of Herbert's existing tyrannical edict, without a two-thirds majority, will it again have the "full force and effect of law"?

5) If so, would that joint resolution therefore be subject to a referendum?

Seems to me these twisting and contorting tyrants want to play things both ways. Their arguments are full of holes almost as vacuous as the space between their ears.

Comments (7) -

  • This is why Heil Herbert didn't  have the legislature vote on extending the crisis. In a KSL news article Heil Herbert specifically states,

    "Utah has been receiving money from the federal government for various coronavirus-related initiatives, Herbert said. Some of that money goes to National Guardsmen, who are assisting the state with contact tracing for COVID-19 cases. That program accounts for a $14 million bill that the federal government is helping Utah pay, the governor said.

    Allowing the state's emergency declaration to expire could jeopardize Utah's chances of receiving federal money for such programs, Herbert added. Having a state of emergency declaration in place also allows the state to respond, make decisions, and act quickly, he said.
    I guess the saying everyone has his price, this is Heil Herberts.  This "crisis" 381 people have died. 381!!! Does that fit the criteria for a pandemic. I say no, it fits the criteria for a "plandemic."
    • Ash

      Here is the bill that is being pushed to pass federally. H.R 6666 trace act. They do not even hide the devil in this
      Satanic bill! We need to stop this! They are already talking about implementing contact tracing in Utah’s colleges and within the public under “ Utah leads together “ plan  as if this bill has already been passed.

      We need to stand up against this tyranny!

  • Jen
    He sold out the people that is paying his salary for the all mighty dollar. You are a disgrace.
  • Interesting to note that Andrew Cuomo is chair of the National Governors Association. Shocker, I know! We are all too familiar with the ever unfolding debacle he’s put upon the people of New York. Perhaps Herbert (and most other governors) is getting his ideas from Cuomo. After all, in order to be part of a club you generally have to align with its agenda.
  • Hurbert is just taking his place in a long line of Utah RINO  governors.  We need to get rid of them all.  Cox is just as bad.  Let's get rid of the Utah RINO's Cox, and Mitt Romney should just join the Democrapy party.

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