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Gov. Gary Herbert expected to defend special election against lawsuit threats from Legislature

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After legislative leaders Wednesday night voted to pursue a lawsuit to obtain a secret attorney general’s opinion on the special election, Gov. Gary Herbert is expected to field questions about the dispute at his monthly news conference Thursday.

Herbert’s office has up to now been vocal in arguing to keep the legal opinion as a confidential document. The Legislature requested the opinion on the question of whether Herbert overstepped his authority in unilaterally setting rules for the special election to replace Rep. Jason Chaffetz.

Chaffetz stepped down partway through his term to take a job as a Fox News commentator.

In addition to the Legislature demanding to see the AG’s legal opinion, The Salt Lake Tribune has fought to make it a public record. It took the dispute to the State Records Committee last week and there won a 6-0 ruling that public interests in the opinion outweighed interests in keeping it private.


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