Herbert announced in 2019 that he would not seek re-election to a third full term in 2020; he endorsed the gubernatorial candidacy of his Lieutenant Governor, Spencer Cox.

In April 2004, a month before the state convention at which the gubernatorial nominee would be selected, Herbert joined forces with then-rival Jon Huntsman, Jr., becoming the latter's running mate.

[16] The Huntsman-Herbert ticket defeated incumbent governor Olene S. Walker at the convention, before going on to win in the November election.

Herbert's central role as lieutenant governor was running the state electoral office and managing the campaign disclosure system.

His record on those responsibilities was somewhat mixed, improving standards marginally but seeing the state slip overall on nationwide rankings published by the Campaign Disclosure Project.

[17] In 2007, Herbert oversaw the first statewide voter referendum to take place since the creation of the Lieutenant Governor's post.

[18][19] Huntsman and Herbert faced little opposition during their 2008 campaign for re-election, avoiding a primary election after achieving a plurality of votes at the state Republican Party convention.

[21] As the Republican gubernatorial nominee in the 2010 special election, Herbert defeated his Democratic opponent, Salt Lake County Mayor Peter Corroon, 64% to 32%.

[24][23] Important legislation included the passage of the Utah Transfer of Public Lands Act which Herbert signed into law on 23 March 2012.

[38] On August 27, 2009, Herbert indicated at a news conference that he did not support making sexual orientation a legally protected class, saying: "We don't have to have a rule for everybody to do the right thing.

I am working with my legal counsel and the acting Attorney General to determine the best course to defend traditional marriage within the borders of Utah".

[40] Shortly thereafter, the Attorney General's office did indeed request an emergency stay to stop further same-sex marriages from occurring in the state.

[41] After elected officials in Oregon and Pennsylvania chose not to defend same-sex marriage bans from constitutional challenge, Herbert expressed his disappointment.

"[42] On March 12, 2015, however, Herbert signed into law a bill prohibiting discrimination on the basis of sexual orientation and gender identity in employment and housing in the state of Utah.

[43] According to The Salt Lake Tribune, the law was "hailed nationwide for its attempt to balance the advancements in gay rights with the deeply held beliefs and conservative values of churches and other religious groups".

At the time, he stated that "despite anti-trade, isolationist rhetoric at the national level, Utah remains committed to promoting international trade.

The Associated Press reported that a memorandum they had obtained showed that state regulators later agreed to fast-track a decision regarding the permit, despite environmental concerns from local residents.

According to a businessman who lives near the proposed mine, regulators arrived within days of a meeting between Herbert and the coal company, and they felt pressure to make a quick decision.

UDOT admitted that after "adjustments" were made to the scoring system, the 1.7 billion dollar contract was awarded to Provo River Constructors (PRC) after winning the bidding process by a single point.

On September 13, hours before Herbert's press conference, UDOT again informed Perry of a payoff and also specified the amount of the payment.

[59] After large public outcry, Herbert announced he would sign the bill yet also call a special session to repeal the new law.

The law was repealed two weeks later, and Herbert was criticized for costing the state $30,000 for not simply vetoing the bill when he first had a chance.

[60] On March 20, 2012, Herbert signed into law House Bill 187,[61] dealing with "Agricultural Operation Interference" despite several individuals and organizations urging him veto it.

[62] Critics of the bill say that the law creates a safe haven for animal abuse and other criminal activity[63] and that it adds nothing beneficial to legitimate operations.

There are an estimated 1,000–2,000 deaths in Utah annually due to poor air quality,[71] and emissions from gasoline and diesel powered vehicles, are the primary cause of pollution.

[72] Herbert had a cameo in the low budget movie Sharknado: The 4th Awakens alongside Dan Farr of Salt Lake Comic Con.

[citation needed] Herbert has expressed interest in the UAP phenomenon, appearing in History Channel's "The Secrets of Skinwalker Ranch."