Utah Senate keeps option for unaffiliated voters to affiliate at polls, passes H.B. 262

The Utah Senate voted 23-6 on Jan. 30, 2013, to pass H.B. 262, a measure that preserves the status quo allowing unaffiliated voters to affiliate at the polling place in order to participate in closed primaries. Sponsor Senator Weiler told colleagues the bill restores the practice that has existed for the past decade and said it increases access for voters who otherwise might be turned away.

Senators who opposed the bill argued that primary methods are party functions and that government should not bear the cost of party decision-making. Senator Davis said the general public “is not invited to vote” in closed primaries and questioned why taxpayers should pay to administer them. Senator Madsen urged the body to seek authoritative turnout statistics before extending policy.

Senator Thatcher expressed personal distaste for the bill but voted in favor, saying she did not want to deny busy citizens an opportunity to vote. Senator Jones argued the measure increased transparency and allowed people who thought they could vote in a primary to cast ballots instead of being turned away.

The Senate heard repeated exchanges on whether the process effectively delegates party decisions to state-run elections officials under Title 20 of the state code. Senator Weiler said the change simply removes a sunset provision that had permitted poll-site affiliation for 10 years and called the bill “status quo” that had increased participation. After floor debate and a call of the Senate to secure attendance for a close vote, the bill passed and was sent to the House for signature.

Vote: House Bill 262 passed the Senate 23–6 (0 absent).