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Senate adopts substitute to require parties to submit a single name for midterm legislative vacancies
Summary
The Senate approved a first substitute to House Bill 40 requiring registered political parties to set bylaws to submit one nominee to the governor for filling midterm legislative vacancies; the governor must then appoint that nominee immediately.
On Feb. 10 the Utah Senate considered House Bill 40, which deals with filling midterm legislative vacancies. Senator James Evans introduced the measure and yielded to Senator Stevenson, who moved a first substitute that removes statutory directives about how parties choose replacements and instead requires each registered political party to adopt internal procedures and submit a single name to the governor.
Senator Stevenson explained the change as a response to court rulings that the legislature may not prescribe a party’s internal selection process. "Each registered political party [must] establish procedures in its bylaws to submit a single name to the governor," Stevenson said, adding the governor would be required to appoint the submitted name immediately to avoid affecting close votes during special sessions. Senators asked for a short circling period to allow members to review the substitute language; after a brief review the body uncircled and approved the substitute. The final floor announcement recorded the substitute passing to the third reading calendar with 26 aye votes, no nay votes and three absent.
Floor discussion noted the change requires political parties to update bylaws at state and county levels but emphasized the legislature’s action is intended to conform to recent court holdings rather than to dictate party processes. The Senate then moved on to other business.
