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House advances two election bills after extended debate over 'freezing' party rules

Utah House of Representatives · March 7, 2018
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Summary

The Utah House passed multiple election-related measures March 7, including a second substitute for House Bill 338 (election amendments) and House Bill 485 (elections modifications). Debate centered on whether the legislature should 'freeze' party rules mid-cycle, filing deadlines, and a conditional repeal tied to a ballot initiative.

SALT LAKE CITY — The Utah House on March 7 approved significant election-law changes after extended floor debate that included competing substitute measures and constitutional concerns about government involvement in party rules.

Representative McKay, sponsor of House Bill 338, described the second substitute as a "surgical cleanup" that restores earlier filing deadlines and clarifies that a candidate who chooses convention or signature paths will have that path respected. The second substitute also contains a conditional repeal mechanism: if a forthcoming ballot initiative to preserve the dual-path system fails or does not reach the ballot, statutory language implementing Senate Bill 54 would be repealed.

Opponents raised First Amendment concerns about the state inserting itself into parties' internal decisions and argued the state should not change rules midstream. Representative Fossum said the bill "doubles down on inserting ourselves into party's business," and Representative Aaron questioned whether the state can limit a party's right to change rules. Sponsors said the purpose is to protect candidates who relied on prior rules and to depoliticize parts of the filing and signature-gathering process by moving notice deadlines earlier in the year.

Representative McHale described an alternative bill (House Bill 485) as a complementary "freeze" approach that likewise prevents parties from changing their status during an election cycle and provides guidance to election officials. Debate focused on whether both measures were needed; Representative Kotler argued HB338 already addressed the core issues and that HB485 was superfluous.

After debate and substitute motions, the House approved the second substitute to House Bill 338 by recorded vote (Second Substitute House Bill 338 passed the House 53-19) and later passed House Bill 485 (House Bill 485 passed the House 40-31). Both bills will be transmitted to the Senate for further consideration.