The question: Can David Litvack - who heads up the county's Criminal Justice Advisory Council - seek re-election to his Utah House seat without violating the federal Hatch Act?

The District Attorney's Office is drafting an opinion that will determine whether Litvack's Democratic candidacy for District 26 runs afoul of a federal law that prohibits public employees from pursuing a partisan office if their positions are connected to federal loans or grants.

Litvack isn't worried. Neither is the county's chief administrative officer, Doug Willmore, who said the D.A.'s Office found no violations before Litvack's selection. A written opinion is pending.

"We were told it didn't meet the level of a violation," Willmore said.

Here's the argument: While the agencies represented on CJAC - such as the Salt Lake County Sheriff's Office, the Salt Lake Legal Defenders Association, Salt Lake County Substance Abuse Services and a hodgepodge of other organizations - receive federal funds, Litvack has no authority over them.

"There is no direct link there," Litvack said. "In no way do I control or have oversight over those dollars."

The D.A.'s opinion, according to Willmore, is expected within a week.

The U.S. Office of Special Counsel is investigating Republican County Councilman Michael Jensen to see if he is violating the Hatch Act. Besides his partisan office, Jensen is deputy chief of the Unified Fire Authority. But the longtime council member says he has no control of federal funding at the UFA.

jstettler@sltrib.com