Gov. Spencer Cox appears to be testing the limits of Utah’s constitutional separation of powers with his choice to head up the Department of Natural Resources.
Ferry is still waiting for Senate confirmation of his appointment, but he is currently in the job as acting executive director.That dual role raises a constitutional conundrum for legislative leaders and the Cox administration. Not only does it appear to violate Article V of the Utah Constitution, but it seemingly runs afoul of. That provision says a member of the Legislature cannot hold a “public office of profit or trust” and be in the Legislature simultaneously.
If approved, his nomination goes to the full Senate for approval. Those sessions usually happen during monthly interim meetings, so the earliest he could officially take the position would be August. Ferry was renominated for another term in House District 1 by party delegates in April. State law does not allow replacing a candidate on the ballot except for physical or mental disability or disqualification. The only other candidate on the ballot is Democrat Joshua Hardy.
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