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House adopts top-two modified primary rule, sending top two vote-getters back to parties

Utah House of Representatives · March 9, 2015
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Summary

After extended debate about voter control vs. party choice, the House amended primary rules to send only the top two primary vote-getters back to party nomination when no candidate gets 50%; threshold later adjusted to 40% by amendment and the second substitute passed 39-34.

The Utah House on March 9 voted to change the mechanics for contested primaries under second substitute HB 313. The substitute directs that if no candidate receives at least 50 percent in a primary, the top two vote-getters are returned to the party for nomination rather than returning all primary candidates to convention.

Representative Roberts, the bill sponsor, said the substitute is intended to address plurality concerns that emerged after the adoption of ‘count my vote’ changes. "If nobody gets 50% in the primary ballot, it takes the top two vote getters and sends them back to the parties for nomination," Roberts said on the floor.

Floor debate highlighted a division about whether the change takes the final choice away from voters. Representative Powell argued that under the substituted approach "the voters of the state of Utah [could] not hav[e] the final say in a contested primary race" and urged caution; Representative Draxler supported the substitute as a fair way to limit party return to the most viable contenders.

Representative John Cox offered a later amendment to lower the threshold from 50% to 40% for returning a race to party convention; the House adopted that amendment by voice. Representative Roberts said he opposed lowering the threshold but accepted 40% as a compromise.

On final passage, second substitute HB 313 passed the House 39-34 and will be transmitted to the Senate for consideration.

What’s next: The bill moves to the Senate; the change alters primary-to-convention mechanics and may affect contested races and party nomination strategies.

Attribution: Direct quotes and vote tallies are from the House floor transcript of March 9, 2015.

Votes at a glance: Amendment (lower threshold to 40%) — adopted; Final passage of second substitute HB 313 — 39 yes, 34 no.