State Records Committee members sympathized with Steve Maxfield Jr. After all, charging more than $1,000 for a public record that takes the state all of 20 minutes to compile seems a bit steep.
But they still refused, in a 4-1 vote Thursday, to waive the fee.
Why? Because the Legislature mandated the price.
Maxfield, a Kanosh resident who hopes to get his "anti-bribery" and "anti-corruption" initiatives on November's ballot, is being charged the going rate -- $1,050 -- for an electronic copy of the statewide voter-registration list.
During testimony Thursday, state Elections Director Mark Thomas acknowledged that providing the record takes about 20 minutes of staff time and $1 for the compact disc. But the $1,050 charge was approved by the Legislature after consultation with county clerks, Thomas said. In the 1990s, the fee had been $3,000.
Earlier this decade, political parties were getting the information for free. That practice ended in 2007, Thomas said. His office gets 10 to 20 requests a year for the massive database of names, addresses, precincts and party affiliations.
"You could go to each of the county clerks and get the lists," Thomas said, "but it's cheaper to go to the lieutenant governor and get it all from one office."
Former Assistant Attorney General JoAnn Secrist spoke on behalf of Maxfield's effort, arguing that the people's right to redress the government should be considered the purest form of public interest -- which is the basis for waiving such fees.
However, Assistant Attorney General Thom Roberts -- representing the Lieutenant Governor's Office -- countered that the Records Committee is limited to access issues and does not have jurisdiction over Legislature-approved fees.
Committee member Lex Hemphill, a former Salt Lake Tribune sportswriter and columnist, said he had an inclination to agree with Maxfield but had to vote against him because "we're constricted by the statute."
"It leaves us with little room to be creative," Hemphill said, "as much as we might want to be."
Maxfield said he anticipated the committee's decision and added it was good preparation for his upcoming appeal in court.
