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House adopts resolution to restrict voting by those convicted of Utah felonies while under state custody
Summary
The House passed a resolution (HJR4) and companion mechanics bill to remove voting rights from those convicted of state felonies while they remain in state custody, parole or probation; floor debate centered on restoration mechanics, constitutional concerns and legislative vs. court roles.
The Utah House approved a constitutional resolution and discussed a companion bill intended to restrict voting while a person remains in state custody, on parole or on probation after a felony conviction in a Utah state court.
Representative Carl Saunders, sponsor of the resolution, said the measure responds to concern that those who "do not wish to abide by the laws and rules of that society" should not participate in choosing public officials while serving their sentence or supervision. Saunders said the resolution and related bill were vetted in interim committees and had committee support.
Opponents and questioners pressed for precision on scope and mechanics. Representative Davis asked what is meant by "mentally incompetent," and Representative Carlson asked how and when the legislature, rather than courts or parole authorities, would determine when rights are restored. Saunders and other proponents responded that the resolution is intended to operate with a companion statute (HB190) that lays out notification and administrative mechanics: courts or corrections would notify the lieutenant governor's office, county clerks would receive records, and restoration would follow when the person is off parole or probation.
Representative Barth offered an amendment that would limit the restriction to "while in state custody," and a substitute amendment removed language referencing restoration of "civil rights" and instead set restoration "as provided by statute." The substitute motion carried and the bill text was amended accordingly.
Debate included counts and estimates of the number of eligible incarcerated voters; the sponsor said the number is modest ("between about 8,100 and ..."), but argued that small vote totals can be decisive in close races. Other members raised concerns about residency, legal fairness and historical U.S. precedent.
After floor debate and amendment votes, the House voted to pass the resolution; the reading clerk reported HJR4 had received 64 yes votes and 5 no votes and was forwarded to the Senate for consideration. A companion bill addressing notification and registration mechanics (HB190) was discussed and circled for sequencing with the resolution.
