I I WAS REMARKABLE. Democrat Bill Orton, 58 percent, versus Republican Karl Snow, 37 percent Bill Orton didn’t just

YLe PemarLabL Campaign win the congressional election; he won it by one of the largest margins of any non-

incumbent contest in the U.S -and it was in ’s Third Congressional District, considered by experts the most rock-solid

Republican region anywhere But it is even more remarkable that BYU Law School graduate Orton ran for public office at

of Orton all Just 10 months earlier the thought hadn’t crossed his mind, ever Most

Democrats in the political arena hadn’t even heard of him After the election everyone was asking, “Who is this guy? Where

did he come from?” In answering those questions, one will find an uncommon story, a story of a uniquely prepared individual

by CLarLd a.Cranney who offers a cadre of talents to the 102nd U S Congress At the age of 16,

Orton was a studious high school senior in Ogden, Utah, when the Internal Revenue Service opened up a large service center

PHOTOGRAPHY BY JOHN SNYDER

CLARK M Ehl OR AN D U M

there. There weren’t enough people to Lake City and at Merritt & Tenney in glibly remarking that the United States staff it, and so managers recruited at Atlanta He also served as in-house needed elected officials with a broader the local high schools for four-hour counsel for a privately held forest- vision, those who could see “more than evening shifts Enter Bill Orton. products company and taught tax sem- just the tip of the iceberg ” His experience with the IRS con- inars across the nation His clients fter the conference several people, vinced him that he really wanted to be were from all areas of the United A many of whom had been to Or- a tax attorney After serving a mission States-“from Anchorage to Miami and ton’s seminars before, cornered him. for the Church in Oregon, he finished from New York to Honolulu,” he says. They said, in essence, “We’ve been list- his undergraduate studies at Brigham His love for the law seems only ex- ening to you for years You understand Young University in 1973 in anthropol- ceeded by his love of teaching the law what’s going on You certainly have the ogy and archaeology-the whole time And he is a good teacher-as the more knowledge and the ability You could working for the IRS. than 15,000 tax professionals who have do something about it.” “I didn’t have a lot of money saved now taken courses from him will attest He retorted, “I am I go back fre- up to go to law school right after grad- In 1986 he served as an adjunct pro- quently and talk to Congress members uation,” said Orton, “so I moved to fessor at the J Reuben Clark Law and their staff and try to educate them Oregon and worked with the and show them some solu- Internal Revenue Service. I tions to the problems ” planned on going to night law Then this group dropped school at Lewis and Clark ” the question, “Yes, but why With training, traveling, don’t you run for office?” and working, Orton never Orton scoffed “You must made it into night school be kidding! No way in the After a four-year IRS stint in world! You have to give up Oregon, the time of decision your private life. You have to came take a cut in pay. Nobody likes “I had a nice house, a lit- you Everybody’s always yell- tle sailboat (I lived on a lake), ing at you You can’t satisfy and an airplane and was fly- anybody You’ve got to run ing all over the place,” he for election every two years I said “I realized that at 27 can’t think of any reason I’d years old I had peaked out at BILL ORTON NEAR HIS HOME AT SUNDANCE. want to run for Congress ” the Internal Revenue Scr- After the Conference, Or- vice I’d have to stay at my ton stayed in Hawaii for a level for another 30 years be- couple of weeks Trying to re- fore I could even think of re- lax, he lay on the beach and tiring. That didn’t strike me went hiking through the rain as very fun, so 1 quit and came to the School, teaching seminars on real es- forests, but that conversation kept BYU Law School in 1977.” Most would tate tax planning and the 1986 Tax Act haunting him consider Orton’s law school cxperience Not a stranger to Washington, D C , “The whole time I kept thinking atypical: he has worked with congressional staff that maybe I had some sort of obliga- “Law school was purely pleasurable. members of the House Ways and Means tion to give back to the system, an

I loved every minute of it. Thc first and Senate Finance Committees On obligation to serve the public ” year in law school I didn’t even check the American Bar Association, he Returning to his home above Sun- to see what my grades were I knew served on tax policy subcommittees dance in Provo Canyon, Orton noticed what I’d be doing when I graduated, that evaluated legislation before Con- the paper listed several people who had and I didn’t care about grades as long gress Many of his clients also come announced candidacy for the Third as I was passing ” from Washington, D.C. Congressional District He hadn’t real- ith a clear vision of his law future, So at the beginning of 1990 Bill ized that Congressman Howard W he took every law class offered in Orton was going along at a fast clip. He Nielson was retiring. (When Nielson tax and business. While still in school loved his work. He was paid well He had first run for office, Orton contrib- he started a business in Oregon that was satisfied. And he had no intention uted to his campaign.) provided tax and business law educa- of running for any political office. He knew former Utah Governor tional materials In February 1990 he was in Hawaii Scott Matheson and lone Utah Demo- Graduating in the top third of his teaching a tax conference He men- crat Congressman class in 1980, his practice burgeoned, tioned the problems with tax legisla- (whom he took a legislative processes and he soon became of counsel at Par- tion and the savings and loan debacle it class from at the Law School in 1978), ker, McKeown, and McConkie in Salt helped create during the last decade, so he went to to talk

18 CLARK MEMORANDUM

AFTER ANNOUNCING HIS CANDIDACY, BILL ORTON SOON DEVELOPED AN EFFECTIVE CAMPAIGN.

about campaign prospects sire to go back and really get involved. appointment with these political “They were both extremely suppor- Yet I would want someone with knowl- groups, Orton would go into the cities tive and said, in essence, ‘If you can edge and experience 1 would want a few hours earlier and visit im- find reasons to run for office other someone who was mainstream on the promptu with business owners. These than winning, then we encourage you issues-morally, legally, ethically I businessmen would tell him their to do it, but you need to know that you would want someone who didn’t en- problems, how they felt about the fed- probably don’t have any chance at all of gage in double-talk-just being honest eral government, what they thought winning because of your district’s polit- with the people.” the government should be doing or not ical make-up ’ ” The problem with many politicians, doing. Then he would meet with the Orton’s parents and friends were Orton mused, is that if you ask them a commissions and councils, talking shocked he was considering a congres- question, at the end of the answer all about their communities. After the sional campaign His mother’s first re- you’ve heard is your question repeated meetings he’d proselyte, walking up action was, “I don’t like politicians ’’ back to you. “One thing I admired and down the streets, knocking on “I’m not a politician,” Orton re- about Ronald Reagan (though I often doors and talking to peoplc joined, “but somebody’s got to do it” disagreed with him) was that he would “Most every group, when I finished After gathering information from just flat out tell you yes or no He was with them, were warm and friendly, those in the political arena and mem- straightforward, and people love that, telling me, ‘Yes, you understand these bers of his family, Orton went back to even if they disagree with you ” problems We need people like you in

Sundance to think: o Bill Orton decided to go for it, Congress.’ ” “I live in this district I know the S determined to be forthright and During the campaign Orton went people here. I know their concerns be- to work hard. After announcing his through the district more than 10 cause the same issues concern me. If I candidacy, a successful pattern soon times doing all the grass-roots cam- were to choose someone to be my rep- developed paigning that he could He knew he resentative in government, what would He called chambers of commerce, couldn’t raise much money for adver- I want? I’d want someone young county commissions, and city councils tising and marketing. (He only spent enough, excited enough, with fire in in the Communities of Price, Moab, about a third of what his Republican the belly about the process, and the de- Payson, and others. Before a scheduled opponent spent.) Most of the financial

19 CLARK MEMORANDUM

load was shouldered by Orton himself, Snow and pushing his face in the mud. spending thousands of his own money I’ve refused every opportunity to run a “I went to some political action dirty campaign I’ve not done it. I don’t committees for money and support want to go to Congress that way If the Many of them didn’t even wait until I public wants a dirty campaign, then was out of the office to laugh They’d they don’t want me If I have to aban- open the almanac of American politics don my personal values to win, then I and read the first line that says my dis- don’t want to be a congressman.” trict was the most Republican district Since the early summer, local polls in the United States. I tried to explain had shown Orton gradually catching that it’s one of the most conservative up with the Republican contenders, fi- districts. Until now the Republicans nally surpassing John Harmer right be- fore the Republican pri- mary in September In the same poll, Orton was still trailing Karl Snow by a substantial 27 percentage points (Snow-53 percent, Orton -2 5 percent). When John Harmer lost the Republican primary, some of his distraught de- votees continued the bar- rage against Karl Snow that had been all-too prevalent in the primary campaign “Republicans for Bill Or- ton” T-shirts started pop- ping up everywhere Still, Ortonk gradual rise in the polls didn’t seem to dampen the confidence of ORTON CELEBRATES HIS are the only ones that have put up con- some Republican strategists in Utah’s servative candidates. But I am conser- third congressional district They VICTORY WITH HIS MOM AND vative,” he said. “The people will vote seemed to have read the almanac of

for me ” American politics, too A Democrat DAD WHEN ORTON’S MOTHER rton’s campaign was unwittingly couldn’t possibly win in this congres- 0 aided by the in-house bickering sional district FIRST HEARD HER SON and fighting among his Republican op- Orton was frustrated when his ponents that started even before the Republican opponent refused several WAS THINKING OF RUNNING Republican convention and didn’t end debates and didn’t show up at the until weeks after the November KBYU television debate KBYU aired FOR CONGRESS, SHE SAID, election the one-sided debate anyway, and it Early on Orton went to the press. was rebroadcast later. “1 DON’T LIKE POLITICIANS” “Look, the public deserves someone “I think that kind of arrogance who cares more about the problems turned people off,” said Orton. “The NOW THERE’S AT LEAST facing us in the future than the prob- people got tired of the sniping, and lems facing their opponents from the they got tired of someone who really ONE THAT SHE LIKES past I simply won’t get involved in that wouldn’t be straightforward and debate I will not comment on it. I will not use the issues.” it in an election. I won’t debate it in a On October 7 the local newspaper debate. I will deal with issues only.” poll showed Karl Snow increasing his Later, when Karl Snow became the lead to 28 percent. “Our small internal Republicank choice of candidate, polls showed that I was still gradu- Orton commented to a local news- ally gaining,” said Orton He noted paper, “I decided I would not go to that the October poll gave Karl Snow Congress walking over the back of Karl some needed momentum to go to

20 CLARK MEMORANDUM

Washington, D.C, and “come home ;overnment is the Utah State Tax Com- “would have been even further ahead with a suitcase full of money” that he mission. They completely ignore the without it ” And it left a bitter taste in couldn’t get before. ules. They completely ignore the facts.” the mouths of the entire Third Con- “There was no way in the world I It’s true that Bill Orton, in the pub- gressional District. was that far behind Karl Snow. Never. lic view, stayed above the foofaraw, un- ith two days to go a now infamous Up until then I had had a lot of faith ding to capitalize on trivial, unclear W full-page ad appeared in the Utah and trust in Dan Jones [the local polls- dlegations against his opponent. But CountyJournal. The ad showed a Karl ter] This time he was cooking the when attacked personally, on ground- Snow family portrait with the caption books,” a feisty Orton said “If he less allegations, his attackers had better “Karl Snow and his family.” Next to wants to justify his polls, I’d love to see learn to duck. that picture was one of Orton, all his data-what districts they were Perhaps what frustrated Orton the alone, with the caption “Bill Orton testing ” most were the continual sorties against and his family” The ad continued: uring the final weeks the Republi- his marital status. The voters were an- “Some candidates want you to believe D can strategists (not so much Karl noyed, too. that their personal values don t [sic] Snow as everybody around him) and The exploit-Bill-Orton’s-marital- matter. Most issues facing the United others engaged in an acrid attack status strategy backfired His oppo- States Congress seriously affect our against Orton, with even public offi- nent, Karl Snow, seemed to focus more families. Values do matter! Vote cials getting involved in questionable 3n his own marital status (married Republican ” And then, in smaller type

“exposes ” For example, the Utah State with children) in some of the debates at the bottom: “Paid for by the Utah Tax Commission decided to disclose but was often heard joking, tongue in Republican Party.” a six-year “dispute” they had had cheek, about Orton’s bachelorhood The ad proved to be an affront to with Orton about paying a tax on his Others were more vocal and much the voters and was unapproved by Karl Mercedes-Benz. more malicious. Snow (though it seemed to follow the “When I discovered last May that Four days before the election, Karl general strategy mentioned earlier). this problem had not been resolved, I Snow’s financial chairman, a former Republican campaign specialists began went to the tax commission and said, Law School compatriot with Orton, in- playing the equivalent of “who stole ‘Look, I don’t want this to become a political issue I thought it had been resolved. What do we need to do to gct it resolved?’ They told me in order to ORTON RECEIVES A get it back into the appeal process I needed to write a check for x amount CONGRATULATORY of dollars and a letter requesting an ap- peal I wrote the letter, made out the CALL FROM check, gave it to them, and thought it was back in the appeal process ” HIS SISTER. One week before the election the Utah State Tax Commission publicly disclosed an “inaccurate description of what was taking place,” according to Orton sisted on being quoted in the paper the cookie from the cookie jar?” trying “It was outrageous, absolutely out- verbatim as saying that because of to find out who had placed the ad rageous! When a branch of the state Orton’s age (42) and his never being Prominent elected Republicans were government gets involved to destroy a married, “Bill Orton is not fit for life, quick to criticize. “I was totally of- federal campaign, that smacks of a much less Congress ” fended by the ad,” Senator Orrin Watergate-type action. If I were the “I’m very disappointed in him,” said Hatch said later. “I’ve seen a lot of stu- governor, I would dismiss every one of Orton “I liked him in law school. pid things in politics, but this ad was them for that action alone I think it is Those are the kinds of things in a cam- the stupidest thing I’ve ever seen.” a breach of their public obligation ” paign that hurt-when people you Orton considered the ad a favorable But he doesn’t feel that was the only know make uncalled for comments like sign. “The first time I felt that I was problem with the tax commission. that It’s discouraging, politically, to see going to win was when I opened up the “I’ve worked with state tax commis- that there are people around who will Utah County Journal on Sunday before sions in half the states of this country do absolutely anything [to get their the election and saw the ad against me and for the IRS in nearly all the dis- candidates in office] I won’t do that ” on the back page.” He felt that the tricts in this country. The worst gov- Orton insists, though, that the neg- Republicans must have been desperate ernment entity I have ever had to work ative campaigning against either candi- to run such an ad. with in any state or federal branch of date didn’t really help him. He felt he The Dan Jones’ poll showed that

21 C LAR K M E M 0 R A N 0 U M

JOINING SEVERAL UTAH POLITICIANS, CONGRESSMAN ORTON VISITS THE BYU MARRIOTT CENTER DURING RONALD REAGAN’S ADDRESS THERE

Orton was 14 points behind Snow Many press reports that came after transition. “There is no money for “The polling we were doing in-house the Tuesday election concentrated on staff, phones, office space, or mail Af- showed me way ahead,” said Orton “I comments from dyed-in-the-wool po- ter the election I got hundreds of let- thought, ‘How on earth can our poll- litical party bureaucrats. Some talked ters from the constituency,” said Or- ing show us at 68 percent and Dan of trying to “convert” Orton to the one ton “There was no budget for it until Jones has me 14 points behind?’ Some- and only true party. Others felt the lanuary 3. It all camc out of my thing was wrong.” Again win thwarted Republican redistricting pocket-secretarial work, staff people, The last days proved to be the plans for Utah. computer equipment, mail, stationery.” grand crescendo to Bill Orton’s cam- But Bill Orton’s victory was mostly Then there was the December ori- paign. He went to shopping malls, ar- a triumph of the people, not of either entation for the new members, where ranged honk-and-waves on the road, political party It was an indication that the Democrats and Republicans elec- and went everywhere he could to find a a common man with “fire in the belly” ted their leadcrs and looked at goals for crowd. and a dream for his district had a the next session of Congress-talking “On elcction day, 90 percent of the chancc of winning over an entrenched about issues likely to come up and bills people I shook hands with knew me political bureaucracy. It meant that the that might get passed. They said, ‘Bill Orton! I just went and people deemed vision more important “When we were introducing our- voted for you! Hey, you’re going to than momentum. It showed the re- selves as freshmen congressmen, tell- make it ’ I thought if half of the people silience of the American system- ing people our background, I was who told me they voted for me were something many of Orton’s constitu- happy to tell them that I graduated actually telling the truth, I’ve got a ents now have renewed faith in. from the BYU Law School,” said Or- chance of winning he two months after the election ton “I’m proud to have gone to BYU “On election night I thought that it T proved to be as hectic for Orton as and graduated from the BYU Law would be close, that I had a chance of the campaign School I can wear it as a badge of winning When I heard thc results of First, setting up the office as a honor.” David Magleby’s exit poll, it blew my newly elected congressman can be The LDS connection provided socks off. I had no idea that I was that quite a chore From election until some association for Orton during the far ahead ” swearing in, there is no funding for the orientation. “There are three of us in

22 CLARK MEMORANDUM

the House who are LDS that werc elec- iim three assignments: small business, with one person, myself, and then work ted this session: myself, Dick Swett breign relations, and banking jutward So I’m not discouraged by it; from New Hampshire, and John Doo- The House increased the size of the I’m not frightened by it or worried that little from California We are friends Small Business Committee by one so 1’11 go back there and get bogged down and were spending time doing things .hat Orton could serve on it When ind not be able to get anything done. together Other members of Congress isked why he wanted to serve on that [’m excited that we can get a lot done ” would look at us and say, ‘Wait a min- :ommittee, his answer shows a sincere hough he is encouraged by his ute, we’ve got two Democrats and a lesire to represent his constituency T success, Orton has had to pay a Republican over here. What’s happen- well “Most of the businesses in my xrsonal price, giving up much of his ing?’ I don’t think anyone quite put to- listrict are small businesses,” he said. :herished private life.

gether the Church connection ” ‘There are many regulations and tax “Personally and socially I’m a pri- Then for another week the fresh- ssucs where we’re not helping small rate, quiet, and shy person,” mused men traveled to Harvard, where the iusiness.” 3rton. “The absolute worst thing Kennedy School of Politics put on an Perhaps one of the most difficult lbout winning this election is that now issues seminar Orton recalled, “They iecisions Orton has had to face so far werybody knows me Everybody recog- brought in the brightest and best vvas the congressional vote on the Pcr- nizes me. I go to a gas station or groc- minds in the country and the world to iian Gulf War Though some may dis- ery store and everyone turns and looks talk to us about the various issues of 2gree with his decision to support the They come up to me and want auto- drug abuse, education, the homeless, ?resident in war after all diplomatic so- pphs I don’t mind that people come macroeconomics, and the federal re- lutions had failed, none could say he up and talk to me about issues because serve It was a tremendous oppor- hadn’t given all sides the most serious I’ve placed myself in that responsibility tunity” For example, “We sat down zonsideration He held meetings with to be their representative in Washing- one evening at the home of John Ken- his constituency, where the divisive- ton. What bothers me is sceing myself neth Galbraith and talked about eco- ness of opinion was so evident He in the newspaper and on tclevision. So nomic issues with him.” called President Rex E Lee and other I have a real stress between my private hile all the staff selection, orienta- BYU Law School profcssors to check life and the public life that I have W tion, and constituent correspon- constitutionality issues The somber placed myself in.” dence was taking place, Orton only had mood of the Congress that day caused Though it’s a little early to see past two months to wind up his law practice, the members to lay aside thc usual par- Bill Orton’s congressional stay (and, if transferring his clients and finishing tisan politics. Then he, with the other his popularity continues, he will be scheduled seminars The law prohibits elccted officials, made what he called a there for some time), he has at least him from these fiduciary activities “very pcrsonal” decision one idea: while serving in the U.S. Congress If Orton continues his energetic “When I leave Congress, I’d very After being sworn in, each congress- concentration on impending legisla- much like to talk to the BYU Law man is allotted nearly $1/2 million per tion, no doubt his constituency will School and have a more direct teaching year to run two offices-one in the dis- feel their congressman always gives it relationship with them I love teaching trict and one in Washington The max- his best shot law” imum staff that can be hired is 18 full- After the election, some started Meanwhilc, Orton will be doing time and four part-time. Given some fretting that Orton would soon turn what just a year ago he thought was a of the substantial wages needed for into another politician practicing poli- most absurd notion competent help in Washington, D.C., tics as usual-unable to move or It’s true, as he predicted, that he has Orton feels the budget is “very aus- change anything. All indications are to given up his private life, has taken a cut tere,” yet he feels committed to provide the contrary in pay, and has been battered by var- all the services possible given his “I’ve told all my friends that if they ious opponents. And in two years he’ll rcsources see me changing and becoming a have to go through another election- With his background in tax law, Or- Washington, D C , politician, they and perhaps another two years after ton feels he belongs on the Housc should hit me over the head with a that-all with much personal pain Ways and Means Committee, one of two-by-four and tell me about it Then But Bill Orton didn’t run for Congress the most difficult committees to get I’ll leave public office and go back into for personal aggrandizement or for on. Since it was already filled before the private community.” some sort of sclf-fulfillment He simply the election, he quickly vied for other When asked if one man can make a felt a strong obligation to serve committee assignments, hoping to get difference, he said, ‘Although I can’t After his first remarkable and sur- on the Ways and Means after the next walk in there tomorrow with 15 bills prising campaign of winning friends, election. Whilc most members of Con- and get them passed the next week, I there is now great hope that Congress- gress fill two committee assignments, a can start building a coalition of col- man Orton will have an equally re- handful serve on three committees. In- leagues who understand the problems markable and surprising impact in dicative his energy, his colleagues gave But the only way to do it is to start Washington

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