Committee adopts substitute creating election oversight task force for gubernatorial-cycle contests

Representative Wilcox said the substitute version of House Bill 369 would "put some parameters around and codify oversight during a gubernatorial election," and would create an election oversight task force to recommend changes before the next gubernatorial cycle.

The bill sponsor, Representative Wilcox, told the Government Operations Committee that the bill is meant to ensure an independent reviewer handles conflicts in the lieutenant governor’s race and that the task force would complete its work before the next gubernatorial election cycle. He said the substitute was negotiated over the interim and session and "includes those two basic provisions."

The substitute requires an individual who is "familiar with state and federal election law and Utah's election system" to serve as the conflict‑of‑interest election officer for races that coincide with the governor or lieutenant governor contests; that person may not be a currently elected official or an employee of the state or a political subdivision. Representative Wilcox said the individual would be chosen by the state board of canvassers with consultation from county clerks. A committee member noted that the state board of canvassers typically consists of the auditor, treasurer and attorney general.

County clerks and election officials who testified urged caution but expressed support for the substitute language. Aaron Davidson, Utah County Clerk, said finding someone with the required familiarity who is not currently an election employee could be difficult. Weber County Clerk Ricky Hatch, speaking for the clerks' legislative committee, said the changes align with clerks' preferences and that he did not see problems with the substitute as written.

Public commenters included Marilyn Momoney, who spoke in favor of the substitute as a step toward providing greater independence for election oversight, and Fred Hayes of Box Elder County who suggested a different selection method for the county clerks included on the board.

Representative McPherson moved to adopt the first substitute and later moved the committee to give the bill a favorable recommendation. The committee first adopted the substitute by voice vote and then passed the bill out of committee with a favorable recommendation by voice vote. The clerk announced the passage as unanimous.

The substitute and committee recommendation will move with the bill to the floor for further consideration; Representative Wilcox said a floor substitute may be needed to add an explicit task force end date that was intended but not drafted into the substitute.